SELLERSBURG, INDIANA

CODE OF ORDINANCES
2024 S-21 Supplement contains:
Local legislation current through Ord. 2023-OR-024, passed 11-27-23; and
State legislation current through Legislative Service, 2023 Acts, Pamphlet No. 3
Published by:

AMERICAN LEGAL PUBLISHING

525 Vine Street * Suite 310 * Cincinnati, Ohio 45202

1-800-445-5588 www.amlegal.com
ADOPTING ORDINANCE
ORDINANCE NO. 2003-002
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio has completed the 2002 supplement to the Code of Ordinances of the Political Subdivision, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Indiana; and
WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE TOWN OF SELLERSBURG, INDIANA:
Section 1.   That the 2002 supplement to the Code of Ordinances of the Political Subdivision as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the legislative Authority of the Political Subdivision on this 10th day of February 2003.
Louis R. Imhof /s/                     Kenneth E. Barnes /s/
Louis R. Imhof, Jr. President                  Kenneth E. Barnes, Sr. Vice President
Edward D. Denton /s/                     James H. LaMaster /s/
Edward D. Denton                        James H. LaMaster
Danny F. Yost /s/                     David L. Kinder /s/
Danny F. Yost                           Attest: David L. Kinder
                              Clerk-Treasurer
ORDINANCE NO. 2006-007
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio has completed the 2006 supplement to the Code of Ordinances of the Political Subdivision, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Indiana; and
WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE TOWN OF SELLERSBURG, INDIANA:
Section 1.   That the 2006 supplement to the Code of Ordinances of the Political Subdivision as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Sellersburg Town Council on this 20th day of February 2006.
Douglas J. Reiter /s/                          Michael N. Lockhart /s/   
Douglas J. Reiter, Council President               Michael N. Lockhart, Vice President
                                                                 Paul J. Rhodes /s/   
Trinette S. Imhof, Council Member               Paul J. Rhodes, Council Member
Jacques S. Smith /s/                 David L. Kinder /s/                
Jacques S. Smith, Council Member                Attest: David L. Kinder, Clerk-Treasurer
ORDINANCE NO. 2009-005
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2008 supplement of the Code of Ordinances of the Political Subdivision, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE TOWN OF SELLERSBURG;
Section 1.   That the 2008 supplement to the Code of Ordinances of the Political Subdivision as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Legislative Authority of the Political Subdivision on the 23rd day of March, 2009.
Brian K. Meyer /s/                       Paul J. Rhodes /s/    
Brian K. Meyer, Council President               Paul J. Rhodes, Council Vice President
James H. LaMaster /s/                Terry E. Langford /s/   
James H. LaMaster, Council Member            Terry E. Langford, Council Member
Michael N. Lockhart /s/                David L. Kinder /s/
Michael N. Lockhart, Council Member            Attest: David L. Kinder, Clerk-Treasurer
ORDINANCE NO. 2010-002
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2009 supplement of the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:
Section 1.   That the 2009 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 8th day of February, 2010.
Brian K. Meyer /s/                Paul J. Rhodes /s/
Brian K. Meyer, Council President               Paul J. Rhodes, Council Vice President
James H. LaMaster /s/                Terry E. Langford /s/
James H. LaMaster, Council Member            Terry E. Langford, Council Member
Michael N. Lockhart /s/                David L. Kinder /s/
Michael N. Lockhart, Council Member            Attest: David L. Kinder, Clerk-Treasurer
ORDINANCE NO. 2011-005
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2010 supplement of the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:
Section 1.   That the 2010 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 14th day of February, 2011.
 Brian K. Meyer /s/                Paul J. Rhodes /s/    
Brian K. Meyer, Council President               Paul J. Rhodes, Council Vice President
James H. LaMaster /s/                Terry E. Langford /s/   
James H. LaMaster, 2nd Vice President            Terry E. Langford, Council Member
Michael N. Lockhart /s/                David L. Kinder /s/
Michael N. Lockhart, Council Member            Attest: David L. Kinder, Clerk-Treasurer
ORDINANCE NO. 2012-001
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2011 supplement of the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:
Section 1.   That the 2011 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 27th day of February 2012.
Paul J. Rhodes /s/                Brian K. Meyer /s/
Paul J. Rhodes, Council President               Brian K. Meyer, Council Vice-President
James H. LaMaster /s/                Terry E. Langford /s/
James H. LaMaster, 2nd Vice-President            Terry E. Langford, Council Member
Michael N. Lockhart /s/                             David L. Kinder /s/
Michael N. Lockhart, Council Member            ATTEST: David L. Kinder, Clerk-Treasurer
ORDINANCE NO. 2013-003
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2012 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:
Section 1.   That the 2012 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 25th day of February 2013.
Paul J. Rhodes /s/                Brian K. Meyer /s/
Paul J. Rhodes, Council President               Brian K. Meyer, Council Vice- President
James H. LaMaster /s/                Terry E. Langford /s/
James H. LaMaster, 2nd Vice-President            Terry E. Langford, Council Member
Michael N. Lockhart /s/                Michelle D. Miller /s/
Michael N. Lockhart, Council Member            ATTEST: Michelle D. Miller
                               Chief Deputy Clerk-Treasurer
ORDINANCE NO. 2014-004
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.
   WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2013 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
   WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
   WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:
Section 1.   That the 2013 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 10th day of March 2014.
Paul J. Rhodes /s/                Brian K. Meyer /s/
Paul J. Rhodes, Council President               Brian K. Meyer, Council Vice- President
James H. LaMaster /s/                Terry E. Langford /s/
James H. LaMaster, 2nd Vice-President            Terry E. Langford, Council Member
Michael N. Lockhart /s/                  David L. Kinder /s/
Michael N. Lockhart, Council Member            ATTEST: David L. Kinder
                               Clerk-Treasurer
ORDINANCE NO. 2015-004
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.
   WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2014 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
   WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and
   WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG;
Section 1.   That the 2014 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana, is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 8th day of June 2015.
Paul J. Rhodes /s/                Terry E. Langford /s/
Paul J. Rhodes, Council President               Terry E. Langford, Council Vice- President
James H. LaMaster /s/                Brad J. Amos /s/
James H. LaMaster, 2nd Vice-President            Brad J. Amos, Council Member
Michael N. Lockhart /s/                Michelle D. Miller /s/
Michael N. Lockhart, Council Member            ATTEST: Michelle D. Miller
                            Clerk-Treasurer
ORDINANCE NO. 2017-OR-013
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY
   WHEREAS, pursuant to Ind. Code § 36-5-2 et seq., this Town Council of Sellersburg, Indiana (this "Council") is the town legislative body and the President of the Town Council is the Town Executive; and
   WHEREAS, pursuant to Ind. Code § 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and
   WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2015 and 2016 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
   WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and
   WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.
NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:
Section 1.   That the 2015 and 2016 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana, is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 8th day of June 2015.
Paul J. Rhodes /s/                Brad J. Amos /s/
Paul J. Rhodes, Council President               Brad J. Amos, Council Vice- President
Martina Webster /s/                William Conlin /s/  
Martina Webster, Council Member               William Conlin, Council Member
Jim LaMaster /s/                Michelle D. Miller /s/
Jim LaMaster, Council Member               ATTEST: Michelle D. Miller
                           Clerk-Treasurer
ORDINANCE NO. 2019-OR-010
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY
WHEREAS, pursuant to Ind. Code § 36-5-2 et seq., this Town Council of Sellersburg, Indiana (this "Council") is the town legislative body and the President of the town council is the town executive; and
WHEREAS, pursuant to Ind. Code § 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2019 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and,
WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.
NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:
Section 1.   That the 2019 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto and identified as 2019-S-17, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana, is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
So Ordained this 8th day of April, 2019.
Paul J. Rhodes /s/             Brad J. Amos /s/
Paul J. Rhodes, Council President         Brad J. Amos, Council Vice- President
Martina Webster /s/             William Conlin /s/
Martina Webster, Council Member         William Conlin, Council Member
Jim LaMaster /s/             Michelle D. Miller /s/
Jim LaMaster, Council Member            ATTEST: Michelle D. Miller, Clerk-Treasurer
ORDINANCE NO. 2021-OR-019
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY
WHEREAS, pursuant to I.C. 36-5-2 et seq., this Town Council of Sellersburg, Indiana (this “Council”) is the town legislative body and the President of the Town Council is the town executive; and,
WHEREAS, pursuant to I.C. 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and,
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2019 and 2020 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and,
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and,
WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.
NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:
Section 1.   That the 2019 and 2020 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
So Ordained this 12th day of July, 2021.
Brad Amos /s/              Matthew Czarnecki /s/                      
Brad Amos, Council President            Matthew Czarnecki, Council Vice-President
Terry Langford /s/             Scott McVoy /s/            
Terry Langford, Council Member            Scott McVoy, Council Member             
Randall Mobley /s/             Michelle D. Miller /s/
Randall Mobley, Council Member               ATTEST: Michelle D. Miller
                           Clerk-Treasurer
ORDINANCE NO. 2022-OR-018
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY
WHEREAS, pursuant to I.C. 36-5-2 et seq., this Town Council of Sellersburg, Indiana (this “Council”) is the town legislative body and the President of the Town Council is the town executive; and,
WHEREAS, pursuant to I.C. 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and,
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2022 S19 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and,
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and,
WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.
NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:
Section 1.   That the 2022 S19 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto and identified as 2022 S19, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
So Ordained this 25th day of July, 2022.
   “Aye”
Brad Amos /s/
Brad Amos, Council President
Scott McVoy /s/
Scott McVoy, Council Vice President
Terry Langford /s/
Terry Langford, Council 2nd Vice President
Matthew Czarnecki /s/
Matthew Czarnecki, Council Member
Randall Mobley /s/
Randall Mobley, Council Member
Michelle D. Miller /s/
Attested by: Michelle Miller
Sellersburg Clerk-Treasurer
   “Nay”
Brad Amos, Council President
Scott McVoy, Council Vice President
Terry Langford, Council 2nd Vice President
Matthew Czarnecki, Council Member
Randall Mobley, Council Member
ORDINANCE NO. 2023-OR-013
AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY
WHEREAS, pursuant to Ind. Code § 36-5-2 et seq., this Town Council of Sellersburg, Indiana (this “Council”) is the town legislative body and the President of the town council is the town executive; and,
WHEREAS, pursuant to Ind. Code § 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and,
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2023 S-20 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and,
WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and,
WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety, and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.
NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:
Section 1.   That the 2023 S-20 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto and identified as 2023 S-20, be and the same is hereby adopted by reference as if set out in its entirety.
Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana, is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.
Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.
So Ordained this 22nd day of May, 2023.
   “Aye”
Brad Amos /s/
Brad Amos, Council President
Scott McVoy /s/
Scott McVoy, Council Vice President
Terry Langford /s/
Terry Langford, Council 2nd Vice President
Absent 5/22/23
Matthew Czarnecki, Council Member
Randall Mobley /s/
Randall Mobley, Council Member
Michelle D. Miller /s/
Attested by: Michelle Miller
Sellersburg Clerk-Treasurer
   “Nay”
                                            
Brad Amos, Council President
                                             
Scott McVoy, Council Vice President
                                                
Terry Langford, Council 2nd Vice President
                                                  
Matthew Czarnecki, Council Member
                                                  
Randall Mobley, Council Member
 
TITLE I: GENERAL PROVISIONS
Chapter
   10.   RULES OF CONSTRUCTION; GENERAL PENALTY
   11.   TOWN SEAL
CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY
Section
   10.01   Title of code
   10.02   Interpretation
   10.03   Application to future ordinances
   10.04   Construction of code
   10.05   Rules of interpretation; definitions
   10.06   Severability
   10.07   Reference to other sections
   10.08   Reference to offices; name designations
   10.09   Errors and omissions
   10.10   Reasonable time
   10.11   Repeal or modification of code section
   10.12   Limitation periods
   10.13   Ordinances unaffected
   10.14   Ordinances which amend or supplement code
   10.15   Section histories; statutory references
   10.16   Preservation of penalties, offenses, rights and liabilities
   10.99   General penalty
Statutory reference:
   Authority to codify, see I.C. 36-1-5-1 et seq.
   Publication of code, see I.C. 36-5-2-10
§ 10.01 TITLE OF CODE.
   All ordinances of a permanent and general nature of the town, as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections, shall be known and designated as the "Sellersburg Town Code," for which the designations "code of ordinances," "codified ordinances" or "code" may be substituted. Code title, chapter and section headings do not constitute any part of law as contained in the code.
§ 10.02 INTERPRETATION.
   Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern interpretation of this code as those governing the interpretation of state law.
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
   All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
§ 10.04 CONSTRUCTION OF CODE.
   (A)   (1)   This code is a codification of previously existing laws, amendments thereto and newly enacted laws. Any previously existing law or amendment thereto reenacted by this code shall continue in operation and effect, as if it had not been repealed by this code.
      (2)   All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.
   (B)   Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.
   (C)   The numerical order and position of sections in this code does not resolve a conflict between two or more sections.
   (D)   Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted. The section most recently enacted supersedes any conflicting section or subsection.
   (E)   All references within a section of this code to any section of previously existing laws refer to the numbers in the original enactment.
   (F)   (1)   The numerical designations and descriptive headings assigned to the various titles, chapters, subchapters or sections of this code, as originally enacted, or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content. These descriptive headings are for organizational purposes only, and do not affect the meaning, application or construction of the law they precede.
      (2)   Each note following a section of this code is for reference purposes only, and is not a part of the section.
   (G)   All references to any section of this code refer to all subsequent amendments to that section, unless otherwise provided.
Statutory reference:
   Similar provisions, see I.C. 1-1-1-5
§ 10.05 RULES OF INTERPRETATION; DEFINITIONS.
   (A)   Rules of interpretation. This code shall be construed by the following rules unless the construction is plainly repugnant to the legislative intent or context of the provision.
      (1)   Words and phrases shall be taken in their plain, ordinary and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
      (2)   Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of the persons, unless otherwise declared in the section giving the authority.
      (3)   Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.
      (4)   Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
   (B)   Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CLERK/TREASURER. The Clerk/Treasurer of the Town Council.
   COUNCIL. The Town Council of Sellersburg.
   COUNTY. Clark County, Indiana.
   HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.
   MONTH. One calendar month.
   PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
   PRECEDING and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.
   TOWN. Sellersburg, Indiana.
   TOWNSHIP. The township or townships in which the town is located.
   WRITTEN and IN WRITING. Include printing, lithographing or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, the person's mark, or the digital signature of the person.
   YEAR. One calendar year, unless otherwise expressly provided.
Statutory reference:
   Definitions, see I.C. 1-1-4-5
   Rules of statutory construction, see I.C. 1-1-4-1
§ 10.06 SEVERABILITY.
   (A)   If any section of this code now enacted or subsequently amended or its application to any person or circumstances is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.
   (B)   Except in the case of a section or amendment to this code containing a nonseverability provision, each division or part of every section is severable. If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:
      (1)   The remainder is so essentially and inseparably connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would have been enacted without the invalid provision or application; or
      (2)   The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.
   (C)   This section applies to every section of this code regardless of whether a section was enacted before or after the passage of this code.
   (D)    The repeal of a statute stating that the provisions of an act are severable as provided in division (B) of this section does not affect the operation of division (B) with respect to that act.
(I.C. 1-1-1-8)
§ 10.07 REFERENCE TO OTHER SECTIONS.
   Whenever in one section, reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 10.08 REFERENCE TO OFFICES; NAME DESIGNATIONS.
   (A)   Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this town exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
   (B)   Name designations. Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority or instrumentality of any government, and that name designation is incorrectly stated; or at the time of the effective date of that ordinance or subsequent thereto, the rights, powers, duties or liabilities placed with that entity are or were transferred to a different entity; then the named board, bureau, commission, department, division, officer, agency, authority or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which the duties, liabilities, powers and rights were transferred.
(I.C. 1-1-6-1)
§ 10.09 ERRORS AND OMISSIONS.
   If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
§ 10.10 REASONABLE TIME.
   (A)   In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
   (B)   The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be a Saturday, Sunday or a state holiday, it shall be excluded.
§ 10.11 REPEAL OR MODIFICATION OF CODE SECTION.
   When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture or liability incurred under the section, unless the repealing section so expressly provides. The section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture or liability.
(I.C. 1-1-5-1)
§ 10.12 LIMITATION PERIODS.
   The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code shall not be affected by the repeal and reenactment; but all suits, proceedings and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted.
Statutory reference:
   Periods of limitation, see I.C. 1-1-1-7
§ 10.13 ORDINANCES UNAFFECTED.
   All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.14 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
   (A)   If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
   (B)   Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to the indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
§ 10.15 SECTION HISTORIES; STATUTORY REFERENCES.
   (A)   As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)
   (B)   (1)   If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (I.C. 36-5-2-2) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85)
      (2)   If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
   § 39.01 PUBLIC RECORDS AVAILABLE.
      This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
   Statutory reference:
      Inspection of public records, see I.C. 5-14-3-1 et seq.
§ 10.16 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.
   All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
§ 10.99 GENERAL PENALTY.
   Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
Statutory reference:
   Power to prescribe fines up to $2,500 for a first offense, and up to $7,500 for subsequent offenses granted, see I.C. 36-1-3-8(a)(10)
CHAPTER 11: TOWN SEAL
Section
   11.01   Town seal
§ 11.01 TOWN SEAL.
   (A)   The Clerk/Treasurer shall be the custodian of the town's seal and affix it to documents and instruments as required.
   (B)   The town seal shall be in the form and style as deemed appropriate by Town Council.
(`93 Code, § 1-10)
Cross-reference:
   Powers of Town Council, see § 30.06
TITLE III: ADMINISTRATION
Chapter
   30.   TOWN COUNCIL
      APPENDIX: ORDINANCE FORM
   31.   TOWN POLICIES
   32.   TOWN OFFICIALS
   33.   BOARDS, COMMISSIONS AND DEPARTMENTS
   34.   PERSONNEL
   35.   FUNDS; FINANCES
   36.   POLICE AND FIRE DEPARTMENTS
   37.   TOWN COURT
CHAPTER 30: TOWN COUNCIL
Section
General Legislative Provisions
   30.01   Members of Council
   30.02   Legislative voting districts
   30.03   Organization of Town Council
   30.04   Quorum
   30.05   Regular and special meetings
   30.06   Powers of Council
   30.07   Rules of order
   30.08   Compensation
Procedures
   30.15   Docketing of documents
   30.16   Dockets
   30.17   Voting procedures
   30.18   Agenda
   30.19   Roll call vote
   30.20   Suspension of rules
   30.21   Control of meetings
   30.22   Lack of quorum
   30.23   Liaisons
   30.24   Effective date of ordinances
   30.25   Ordinances affecting code
   Appendix:     Ordinance form
GENERAL LEGISLATIVE PROVISIONS
§ 30.01 MEMBERS OF COUNCIL.
   (A)   The Town Council is the legislative body.
   (B)   The Town Council provides that its members are to be elected at large by the voters of the entire town, pursuant to I.C. 36-5-2-5(b)(2).
   (C)   The Town Council shall consist of five representatives. The Council will have one member for each of the four districts and/or wards of the town and one member at-large.
   (D)   A representative of a district and/or ward must have his or her principal place of residence within the district and/or ward which he or she represents.
(`93 Code, § 3-1) (Ord. 446, passed 2-8-88; Am. Ord. 2022-OR-025, passed 10-17-22)
§ 30.02 LEGISLATIVE VOTING DISTRICTS.
   (A)   The town shall be divided into four districts or wards for the purpose of conducting future elections of officials.
   (B)   The four districts or wards for the town shall be described as voting districts composed of precincts as listed on the official voting district map which is incorporated herein by reference, is on file in the Clerk/Treasurer’s office and available for public inspection during regular business hours.
   (C)   The Council hereafter shall be composed of five members, with one member representing each district or ward hereunder established and one member selected as an at-large candidate.
(`93 Code, § 3-2) (Ord. 434, passed 12-22-86; Am. Ord. 92-546, passed 12-14-92; Am. Ord. 2002-016, passed 11-8-02; Am. Ord. 2006-027, passed 10-23-06; Am. Ord. 2013-016, passed 12-16-13; Am. Ord. 2022-OR-025, passed 10-17-22)
Statutory reference:
   Division into districts, see I.C. 36-5-2-4.1
§ 30.03 ORGANIZATION OF TOWN COUNCIL.
   (A)   The Town Council of the Town of Sellersburg, Indiana shall organize itself by the election of officers at the first meeting held during each calendar year. The sitting President of the Sellersburg Town Council shall conduct the election of officers. If there be no sitting President, or Vice-President, then the members of the Town Council shall select one of their members to chair the meeting. The officers of the Sellersburg Town Council who shall hold their office for an annual period, shall be as follows:
 
      (1)   The President shall be the Town executive, and shall have all authority and power vested in the executive by laws of the State of Indiana or by this or any other ordinance.
 
      (2)   The Vice-President shall perform all of the acts and duties of the President in the absence or disability of the President.
 
      (3)   The Second Vice-President shall perform all the acts and duties of the President in the absence or disability of the President and Vice-President.
 
   (B)   In the event an officer resigns or dies, the Town Council shall elect a successor to complete such officer's term of office.
(`93 Code, § 3-3) (Am. Ord. 2009-023, passed 12-28-09)
§ 30.04 QUORUM.
   A majority of all the elected members of the Town Council constitutes a quorum.
(`93 Code, § 3-4)
§ 30.05 REGULAR AND SPECIAL MEETINGS.
   (A)   The regular meeting of the Town Council shall be held on the second Monday of the month at the Sellersburg Town Hall, said meeting being at 7:00 p.m. If a holiday shall fall on the second Monday of the month the meeting shall be held on the third Monday of the month, unless other notice is provided.
   (B)   The Town Council shall hold an executive session on the second Monday of each month beginning at 6:00 p.m. until 7:00 p.m., said executive session shall be held at the Sellersburg Town Hall. If a holiday shall fall on the second Monday of the month the meeting shall be held on the third Monday of the month, unless other notice is provided.
   (C)   The President of the Town Council shall call a special meeting of the Town Council either upon the written request of any two Council members delivered in writing and signed by them, or upon the President's own determination. Such request shall state the purpose for the meeting.
(`93 Code, § 3-9) (Am. Ord. 2000-026, passed 12-11-00; Am. Ord. 2009-023, passed 12-28-09)
Statutory reference:
   Open Door Law, see I.C. 5-14-1.5-1 et seq.
§ 30.06 POWERS OF COUNCIL.
   (A)   Council may adopt ordinances and/or resolutions for the performance of functions of the town.
   (B)   Council may purchase, hold and convey any interest in property for the use of the town.
   (C)   Council may adopt and use a common seal.
   (D)   Council may exercise all powers that are needed for the effective operation of local governmental affairs.
(`93 Code, § 3-11)
Cross-reference:
   Town seal, see § 11.01
Statutory reference:
   Home Rule powers, see I.C. 36-1-3-1 through 36-1-3-9
   Legislative body powers, see I.C. 36-5-2-9
§ 30.07 RULES OF ORDER.
   The most recent version of Roberts Rules of Order shall govern all meetings of the Town Council, unless an ordinance or statute provides otherwise.
(`93 Code, § 3-13)
§ 30.08 COMPENSATION.
   (A)   The Town Council shall, by ordinance, fix the compensation of its own members.
   (B)   The compensation of an elected town officer may not be changed in the year below the amount fixed for the year 1980.
(`93 Code, § 3-14)
PROCEDURES
§ 30.15 DOCKETING OF DOCUMENTS.
   (A)   To be considered at any Town Council meeting, without the necessity of suspending the rules, any ordinance, resolution, contract or other writing requiring legislative action shall be filed in the office of the Executive Secretary not later than the close of business on the fifth business day prior to the Town Council meeting at which it is to be considered.
   (B)   The Executive Secretary shall stamp each document requiring Town Council action with a legible date stamp reflecting the date the document was docketed in that office; and, shall cause the document to be placed on the agenda of the Town Council meeting for the Council’s consideration. A written statement in support or explanation of the docketed item may be presented and should be filed simultaneously.
   (C)   All documents tendered to the Executive Secretary, upon receipt and docketing of the same, the Executive Secretary shall cause one copy of each such docketed matter to be distributed to each Council member and the Town Attorney within two working days; and, post one copy on the public bulletin board at the entrance to Town Hall.
(Ord. 2009-023, passed 12-28-09; Am. Ord. 2017-OR-020, passed 6-26-17)
§ 30.16 DOCKETS.
   (A)   The Executive Secretary shall maintain the dockets described herein, suitably indexed, as a permanent record of documents tendered for Town Council action:
      (1)   Ordinance docket;
      (2)   Resolution docket;
      (3)   Contract docket; and
      (4)   Miscellaneous docket.
   (B)   All documents logged upon a docket shall bear a prefix which identified the docket, the year in which the document is docketed and the number assigned to the document which shall be serial on the docket.
   (C)   The prefix for each of the dockets shall be:
      (1)   Ordinance: ORD;
      (2)   Resolution: RES;
      (3)   Contract: CON; and
      (4)   Miscellaneous: MISC.
(Ord. 2009-023, passed 12-28-09; Am. Ord. 2017-OR-020, passed 6-26-17)
§ 30.17 VOTING PROCEDURES.
   (A)   Ordinances.
      (1)   Ordinances shall be adopted based on the voting requirements set forth by the statutes of the State of Indiana, but in no case may an ordinance be adopted with less than a majority vote of those elected officials entitled to vote thereon.
      (2)   Ordinances shall be deemed adopted by the Town Council upon a favorable vote on a motion to adopt after second reading. Any ordinance which fails to receive a majority vote on first reading shall not be read a second time and shall be deemed rejected.
      (3)   No ordinance may receive a second reading or final approval at the same meeting in which it is first introduced unless, by unanimous vote of the Council members present, they agree to consider the ordinance on second reading, and, such ordinance may not be adopted at that meeting unless it receives a favorable vote of four members of the Town Council. In all other cases, second reading shall occur at the next Town Council meeting.
   (B)   Resolutions.
      (1)   Resolutions may be adopted on one reading only if the resolution receives a unanimous affirmative vote of the Town Council, upon a motion to adopt at first reading, at a meeting at which not less than three members of the Town Council are present and voting.
      (2)   In all other cases resolutions are deemed adopted after an affirmative majority vote upon a motion to adopt after second reading at the next Town Council meeting.
   (C)   Definition. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      READING.
         (a)   FIRST READING. For all matters properly docketed pursuant to this subchapter, a reading is accomplished by verbally reading the number, title or name of the document and its docket number together with the date of docketing. For all other matters requiring a reading, said reading shall be a verbal verbatim reading of the document, without reference to its adoption or attestation clauses, if so directed by the Council.
         (b)   SECOND READING. A verbal reading by name or title of the document only.
(Ord. 2009-023, passed 12-28-09)
Statutory reference:
   Council votes, see I.C. 36-5-2-9.8
   Authorization of Clerk/Treasurer to vote in case of tie, see I.C. 36-5-2-8
§ 30.18 AGENDA.
   (A)   All items requiring action by the Town Council shall be placed upon the agenda not later than 12:00 p.m. two business days preceding the meeting at which such action is to be taken. A copy of the agenda shall be provided to each Council member and posted on the public bulletin board at the entrance to the Town Hall at least 24 hours prior to the meeting.
   (B)   The agenda shall prescribe the order of business which shall generally be conducted in the following order:
      (1)   Call to order;
      (2)   Roll call;
      (3)   Approval of previous minutes and claims;
      (4)   Comments by citizens on topics not listed on the agenda (three minutes per speaker);
      (5)   Committee/department head reports;
      (6)   Old business;
      (7)   New business;
      (8)   Miscellaneous business; and
      (9)   Adjournment.
   (C)   The presiding officer of a Council meeting may alter the order of the agenda for the convenience of the Council.
(Ord. 2009-023, passed 12-28-09)
§ 30.19 ROLL CALL VOTE.
   All votes of the Town Council shall be non-roll call unless a roll call vote is requested by a member of the Town Council. In the event a roll call vote is requested, the Clerk-Treasurer shall call the roll on the question and record each Council member's vote separately in the minutes of the meeting.
(Ord. 2009-023, passed 12-28-09)
§ 30.20 SUSPENSION OF RULES.
   The rules of procedure set forth in this subchapter may be suspended, and action taken which would otherwise contravene this subchapter, upon a unanimous affirmative vote of the Town Council at a meeting at which four Council members are present and voting.
(Ord. 2009-023, passed 12-28-09)
§ 30.21 CONTROL OF MEETINGS.
   (A)   The President of the Town Council shall open, control, limit and close public comment on agenda matters.
   (B)   The public has the opportunity to voice their concerns or opinions during the Town Council's public meeting under either the general comments or comments on agenda items sections and each person shall have the opportunity to be heard when they have the floor. However, loud outbursts or profane language from the general public, whom do not have the floor, will not be tolerated.
   (C)   Failure by any person to adhere to said guidelines may be asked to remove themselves from the public meeting or may be escorted out by the police at the President and Council members' direction.
(Ord. 2009-023, passed 12-28-09; Am. Res. 2016-R-12, passed 8-22-16)
§ 30.22 LACK OF QUORUM.
   In the event that less than a quorum of Town Council shall be present for a regular or special meeting, such Council members as are present may, upon the passage of 30 minutes after the designated time for the meeting to commence, declare that no meeting shall commence for lack of a quorum. In such event, all business on the agenda shall be transferred to the agenda for the next meeting.
(Ord. 2009-023, passed 12-28-09)
§ 30.23 LIAISONS.
   At the first meeting of the Town Council of each calendar year, members of the Town Council shall be elected by majority vote of the Town Council to each of the following positions:
   (A)   Sewer Department;
   (B)   Street Department;
   (C)   Parks Department;
   (D)   Police Department; and
   (E)   Water Department.
(Ord. 2009-023, passed 12-28-09)
§ 30.24 EFFECTIVE DATE OF ORDINANCES.
   An ordinance, order or resolution passed by the Town Council becomes effective when signed by the President of the Town Council, or the Vice-President if required, and attested to by the Clerk/Treasurer unless the ordinance, order or resolution by its own terms establishes the date upon which it takes effect. If required by statute, an adopted ordinance, order or resolution must be promulgated or published before it takes effect.
(`93 Code, § 3-8)
Statutory reference:
   Adoption of ordinances, resolutions and the like; publication, see I.C. 36-5-2-10
§ 30.25 ORDINANCES AFFECTING CODE.
   All ordinances which are of a general and permanent nature, and which would amend the town code, shall be in the form depicted in the Appendix to this chapter.
(`93 Code, § 3-15)
Statutory reference:
   Publication of ordinances in a town code, see I.C. 36-4-6-14
APPENDIX: ORDINANCE FORM
Ord. No.                                             
(Include the last two digits of the calendar year followed by a dash and the chronological number of the ordinance. Example: 93-1)
(Short Title)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SELLERSBURG, INDIANA, AMENDING CHAPTER                  , ARTICLE                   , SECTION(S)           , OF THE SELLERSBURG TOWN CODE BY THE INCLUSION/DELETION OF SECTION(S)                            , ENTITLED                                                                             .
Whereas, (background statements setting forth the purpose or background of the ordinance where appropriate)
Whereas,
Whereas,
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SELLERSBURG, INDIANA, AS FOLLOWS:
Section I. Chapter                       , Article                       , Section(s)                       , of the Sellersburg Code, is/are hereby amended to read as follows: (Set forth specific amendatory language)
Section II. All prior ordinances or parts thereof, inconsistent with any provisions of this ordinance are hereby repealed.
Section III. This ordinance is hereby passed and adopted at a regular meeting of the Town Council of the Town of Sellersburg, Indiana, this                       day of                               ,           .
By:                                                               
President
By:                                                               
Vice-President
By:                                                               
Member
By:                                                               
Member
By:                                                               
Member
ATTEST:
                                                                              
Clerk/Treasurer
 
CHAPTER 31: TOWN POLICIES
Section
   31.01   Returned checks
   31.02   No smoking in public buildings
   31.03   Payment to creditors
   31.04   Lock box procedures
   31.05   Line of credit
   31.06   Authorization and execution of notes
   31.07   Interlocal government agreements
   31.08   Water and Wastewater Utilities Identity Theft Prevention Program
   31.09   Outside service providers, contributors and vendors; indemnification required
   31.10   Cellphone policy
   31.11   Electronic participation in meetings
§ 31.01 RETURNED CHECKS.
   (A)   The Clerk/Treasurer shall have the authority to assess and collect a $10 service fee from the issuing party of a check which is returned for non-sufficient funds.
   (B)   All service fees collected shall be deposited into the town's general fund.
(Res. 1994-21, passed 1-24-94)
§ 31.02 NO SMOKING IN PUBLIC BUILDINGS.
   (A)   The Town Hall is designated a “non- smoking environment” and it shall be unlawful to smoke any products within the Town Hall.
   (B)   In any case where any violation of this section may be found to exist, police officers shall serve notice upon the violator, ordering the person, firm or association to abate the violation immediately.
(`93 Code, § 6-14) (Ord. 484, passed 10-8-90; Am. Ord. 95-620, passed 4-24-95) Penalty, see § 10.99
§ 31.03 PAYMENT TO CREDITORS.
   (A)   The Council deems it desirable to establish a standardized schedule for payment to creditors.
   (B)   The implementation of this schedule will further reduce the uncertainty of when claims shall be repaid.
   (C)   If a creditor submits a claim by the twenty- fifth day of the month, then the Council will act on that claim at the first meeting of the following month.
(`93 Code, § 2-130) (Res. 84-R-58, passed 2-22-84)
§ 31.04 LOCK BOX PROCEDURES.
   (A)   The town maintains a lock box and desires to provide for certain security measures to protect access to the lock box.
   (B)   Each Council member and the Clerk/ Treasurer shall keep on file, with the bank chosen by the town, a signature card.
   (C)   The Town Council authorizes the bank to allow access to the lock box to the Clerk/Treasurer and one Council member.
(`93 Code, § 2-131) (Res. 93, passed 10-24-88)
§ 31.05 LINE OF CREDIT.
   It is ordered by the Town Council as follows:
   (A)   A line of credit in the amount of $187,000 shall be established at a local lending institution.
   (B)   The Town Attorney shall prepare the proper documentation to establish the line of credit.
(`93 Code, § 2-132) (Ord. 449, passed 4-11-88)
§ 31.06 AUTHORIZATION AND EXECUTION OF NOTES.
   (A)   (1)   In accordance with I.C. 36-5-2-11(d), the Town Council is authorized to make loans of money for not more than five years and issue notes for the purpose of refunding those loans.
      (2)   The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the town, and the total amount of outstanding loans shall not exceed 5% of the town's total tax levy in the current year.
   (B)   The Town Council is authorized to borrow money in a sum not exceeding $20,000 under the following terms and condition:
      (1)   A sufficient amount of tax revenues must be pledged for repayment of the loan;
      (2)   The loan must be evidenced by notes of the town in terms designating the nature of consideration, the time and place payable, and the revenues out of which they will be payable;
      (3)   The interest accruing on the notes to the date of maturity may be added to and included in their face value or may be made payable periodically;
      (4)   The funds which the town will receive as a result of the sewer rate increase are to be pledged for the repayment; and
      (5)   The loan is to be repaid in full, at an interest rate not to exceed 12%, within one year after execution of the note evidencing the indebtedness.
   (C)   This process is designated as a qualified tax exempt obligation pursuant to the Internal Revenue Code, 26 USC 265(b).
(`93 Code, § 2-133) (Ord. 461, passed 1-9-89)
§ 31.07 INTERLOCAL GOVERNMENT AGREEMENTS.
   The town is authorized, pursuant to I.C. 36-1-7-1 through I.C. 36-1-7-15, as it may be amended from time to time, to enter into joint agreements for the purchase or exchange of property and services with other government bodies through an appropriate ordinance or resolution of the Town Council.
(`93 Code, § 2-133)
Cross-reference:
   Interlocal Agreements, see T.S.O. Table VII
§ 31.08 WATER AND WASTEWATER UTILITIES IDENTITY THEFT PREVENTION PROGRAM.
   The Identity Theft Prevention Program for the Town of Sellersburg Water and Wastewater Utilities, as prepared and submitted by the Director of Municipal Works, shall be and hereby is adopted as the town's official policy to be implemented on a day-to-day basis for prevention of identity theft. All provisions of the Identity Theft Prevention Program for the Town of Sellersburg Water and Wastewater Utilities as contained in the exhibit 1 attached to Res. 2009-003, passed 5-11-09, shall be incorporated by reference as if fully set forth herein.
(Res. 2009-003, passed 5-11-09)
§ 31.09 OUTSIDE SERVICE PROVIDERS, CONTRIBUTORS AND VENDORS; INDEMNIFICATION REQUIRED.
   (A)   All outside service providers, contributors and vendors shall execute indemnification and hold harmless agreements for the benefit of the Town of Sellersburg prior to performing any services or work on behalf of the town.
   (B)   Failure of an outside service provider, contributor or vendor to execute indemnification agreement and hold harmless agreement on behalf of the town shall result in the town refusing to utilize said outside service provider, contributor or vendor.
(Ord. 2010-23, passed 12-27-10)
§ 31.10 CELLPHONE POLICY.
   (A)   The Chief of Police, Assistant Chief of Police, full-time Police Secretary, and the public works employees (excluding the billing office) shall be provided cellphones by the town under the town’s contract with a cellular carrier. The contract shall also include insurance for each phone or device.
   (B)   The Clerk Treasurer, Chief Deputy Clerk Treasurer, Executive Secretary, and sergeants of the Police Department shall be reimbursed $50 per month for their cellphone plans.
(Ord. 2018-OR-029, passed 11-26-18)
Cross reference: 
   Town cellular phones, § 34.119
§ 31.11 ELECTRONIC PARTICIPATION IN MEETINGS.
   (A)   Title. This section shall be known as the "Policy for Participation By Town Board Members By Electronic Means for the Town of Sellersburg, Indiana" (the "Electronic Participation Policy").
   (B)   Authority. Pursuant to I.C. 5-14-1.5 et seq., this Council hereby establishes the Electronic Participation Policy.
   (C)   Policy.
      (1)   Attendance By Electronic Means: Town Council members are permitted to participate in no more than four public meetings per year by an approved electronic means of communication. A member may attend two consecutive meetings (a set of meetings) by electronic communication. A member shall physically attend at least one meeting between sets of meetings that the member attends by electronic communication, unless the absence is due to:
         (a)   Military service;
         (b)   Illness or other medical condition;
         (c)   Death of a relative; or
         (d)   An emergency involving actual or threatened injury to persons or property.
      (2)   Notice: Except for emergency situations, members shall provide notice to the Town Manager or Executive Secretary, within 72 hours of the public meeting, that the member will be participating by electronic means.
      (3)   Required physical attendance: There shall be at least three members physically present at the public meeting wherein any member is participating by electronic means.
      (4)   Voting: All votes taken during a meeting wherein a member is participating by electronic means shall be taken by roll call.
      (5)   Issues prohibited to participate by through electronic means: A member may not participate in a meeting by electronic communication if the governing body is attempting to take final action to:
         (a)   Adopt a budget;
         (b)   Make a reduction in personnel;
         (c)   Initiate a referendum;
         (d)   Establish or increase a fee;
         (e)   Establish or increase a penalty;
         (f)   Use the governing body's eminent domain authority; or
         (g)   Establish, raise, or renew a tax.
(Ord. 2022-OR-001, passed 2-1-22)
CHAPTER 32: TOWN OFFICIALS
Section
Town Clerk/Treasurer
   32.15   Term of office
   32.16   Powers and duties
   32.17   Compensation
   32.18   Deputies and employees
Building Commissioner
   32.30   Appointment
   32.31   Duties and powers
   32.32   Assistants
   32.33   Term of office
Cross-reference:
   Director of Municipal Works, see § 33.102 
   Assistant Director of Municipal Works, see § 33.103
TOWN CLERK/TREASURER
§ 32.15 TERM OF OFFICE.
   (A)   (1)   The Clerk/Treasurer is an elected position.
      (2)   The term is four years, beginning at noon on January 1 after his or her election and continuing until a successor is elected and qualified.
   (B)   The Clerk/Treasurer shall be elected by the voters of the whole town.
(`93 Code, § 2-1)
Statutory reference:
   Election of Clerk/Treasurer, see I.C. 36-5-6-4
   Term of office, see I.C. 36-5-6-3
§ 32.16 POWERS AND DUTIES.
   (A)   The Clerk/Treasurer may administer oaths, take depositions and acknowledgments of instruments, as required by law.
   (B)   The Clerk/Treasurer may perform all duties prescribed by law, which include but are not limited to the following:
      (1)   Receive and care for all town monies and pay them out upon order of the Town Council;
      (2)   Keep accounts of all town monies;
      (3)   File monthly reports with the Town Council showing all receipts and disbursements of the Town Treasury for the preceding month;
      (4)   Maintain records which are open for inspection by the Town Council;
      (5)   Issue all licenses; and
      (6)   Attend all Town Council meetings and maintain a recording of its proceedings.
   (C)   The Clerk/Treasurer is both the Town Clerk and Town Fiscal Officer pursuant to I.C. 36-5-6-2.
(`93 Code, § 2-2)
Statutory reference:
   Powers and duties, see I.C. 36-5-6-6
§ 32.17 COMPENSATION.
   The compensation for the Clerk/Treasurer shall be fixed by the Town Council.
(`93 Code, § 2-3)
§ 32.18 DEPUTIES AND EMPLOYEES.
   (A)   The Clerk/Treasurer may appoint the number of deputies and employees authorized by the Town Council.
   (B)   Deputies and employees so hired serve at the pleasure of the Clerk/Treasurer.
   (C)   (1)   The Clerk/Treasurer is authorized to hire a part-time Deputy Clerk/ Treasurer.
      (2)   The Deputy Clerk/Treasurer will, during the first 30 days of employment, work 40 hours per week.
      (3)   Thereafter, his or her hours will be established as 32 hours per week, unless the Town Council determines that additional hours are required for the position.
   (D)   The employee shall be paid at the rate set by Council, and there should be no benefits paid on behalf of the employee due to part-time employment status.
(`93 Code, § 2-4) (Res. 1996-35, passed 2-12-96)
Statutory reference:
   Appointment of deputies, see I.C. 36-5-6-7
BUILDING COMMISSIONER
§ 32.30 APPOINTMENT.
   The Town Council shall hereafter appoint the Building Commissioner. The specific length of service should be on a calendar year basis ending on December 31 of a given year and upon majority vote of the Town Council for an additional like period.
(`93 Code, § 2-17) (Ord. 92-520, passed 3-23-92)
§ 32.31 DUTIES AND POWERS.
   (A)   The Town Council has determined that the duties of the Building Commissioner shall be as follows:
      (1)   The Building Commissioner, as head of the Bureau of Buildings, shall have charge of the enforcement of the provisions of the town building code and of all ordinances, statutes, rules and regulations pertaining to the erection, construction, alteration, repair, condemnation, demolition or removal of buildings and structures, and of electric wiring, plumbing, heating installations, and piping in connection therewith, in the town or other territory authorized by law. He or she shall also perform all other duties imposed upon him or her by this code or by law.
      (2)   He or she shall keep, or cause to be kept, a record of all applications for permits, which shall be regularly numbered in the order of their issue; also a record showing the number, description and size of all buildings erected in the town during the term of office, of what material constructed, and of the aggregate of the number, kind and cost of all buildings constructed, and of the inspections, removal and condemnation of buildings, and all other matters proper to be recorded.
      (3)   It shall be the duty of the Building Commissioner, upon being served with a written notice requiring him or her to visit and inspect any building upon or in which work is being done, under any of the provisions of this code, to do so in person, or by his or her representative, within 48 hours from the time of receiving the notice.
      (4)   It shall be his or her duty to sign all certificates and notices required to be issued by him or her under this code, except as otherwise provided herein, to make complaint of all violations of the town building code, or of ordinances, statutes, rules and regulations referred to hereof, to the Town Council, to cause to be kept in proper books a record of all transactions of the office of the department and to submit to the Town Council a monthly statement of all transactions.
(`93 Code, § 2-18)
   (B)   The Town Council has determined that the powers of the Building Commissioner shall be as follows:
      (1)   The Building Commissioner shall have full discretionary power to pass upon any question arising under the provisions of this code relative to the matter of construction or materials to be used in the erection, alteration or repair of any building; provided, however, that should any question arise between the Commissioner and the owner or architect of any building, or should the owner or architect object to any order or decision of the Commissioner, the matter shall be referred to the Council and its decision shall be final and conclusive, unless any interested person files a written request for arbitration.
      (2)   The Building Commissioner, and his or her authorized assistants, are hereby given authority to enter any building, structure or premises in the town, in the performance of their duties, and to order and compel the immediate suspension and correction of any work completed, or being done, or planned to be done, in violation of the provisions of this code, and to prohibit the use of any defective or improper materials and to remove samples thereof for testing purposes, and to prohibit the maintenance or operation of any machinery, in all instances where so found to be in violation of the provisions of this code, or of any ordinances of the town, or statutes.
      (3)   (a)   The Building Commissioner, and his or her regularly authorized assistants, are hereby given authority to make tests as may be necessary to determine the conditions, with respect to safety, of any building, material or machinery inspected by him, her or them, under the provisions of this code.
         (b)   The cost of the test(s) shall be borne by the owner, or his or her agent, or the Building Commissioner may require the owner or his or her agent to make test(s), as may be required, and a written statement to be furnished to the Building Commissioner of the nature and result(s) thereof.
      (4)   (a)   The Building Commissioner, or his or her authorized assistants, shall procure materials from any building or repair job for test(s) at any time he, she or they are in doubt as to the strength of the materials.
         (b)   The materials shall be considered condemned and shall be destroyed by the Commissioner if he or she finds that the materials do not meet the standards required by this code or by any statutes.
      (5)   The Building Commissioner shall perform all duties of the office. The Commissioner's assistants shall perform during his or her absence.
(`93 Code, § 2-19)
   (C)   No person shall continue construction of any building, or use any materials or machinery in, on or about any building, or on any premises, after the Building Commissioner, or his or her regularly authorized assistants, have directed the suspension thereof, or changes therein.
(Ord. 92-520, passed 3-23-92)
§ 32.32 ASSISTANTS.
   (A)   The Town Council has authorized assistants to serve under the Building Commissioner.
   (B)   The responsibilities and duties of the assistant shall be:
      (1)   All of the assistants appointed to serve under the Building Commissioner and all employees in the Department, under the direction and supervision of the Commissioner, shall enforce this code and shall perform their duties, as prescribed by the Building Commissioner, who as the head of the office, shall be the Director of all the functions and work therein.
      (2)   The title which any employee under the Commissioner may hold shall not prevent him or her from being required to do other work as the Commissioner may at any time direct, without any change in his or her regular compensation.
      (3)   Each inspector shall keep a complete record of his or her inspection work and make a report thereon to the Commissioner at least once every two weeks, or as directed by the Commissioner. In case the Commissioner shall appoint any inspector over any certain territory, the inspector shall perform his or her duty properly and be responsible for the inspection work under his or her direction and within that district. Each inspector shall receive inspection slips and shall thereon keep a complete record of any inspections made and shall attach the final inspection tag on the building permit, as provided in this code.
      (4)   The Commissioner shall inspect and check all plans submitted to the office for any buildings, structures and equipment, to see that they bare in conformity with this code and relevant statutes and with standard current engineering practices.
(`93 Code, § 2-20) (Ord. 92-520, passed 3-23-92)
§ 32.33 TERM OF OFFICE.
   The term of office of the Building Commissioner shall be at the pleasure of the Town Council and the term shall be no less than one year and no more than four years in length, starting from January of any given year through December 31 of that same year. (`93 Code, § 2-24) (Ord. 92-520, passed 3-23-92)
CHAPTER 33: BOARDS, COMMISSIONS AND DEPARTMENTS
Section
General Provisions
   33.001   Authority of Town Council to establish compensation
Redevelopment Commission
   33.010   Establishment
   33.011   Membership; appointment; terms; and organization
   33.012   Rights and responsibilities
Parks and Recreation Board
   33.020   Establishment
   33.021   Appointment
   33.022   Ex officio member
   33.023   Powers
   33.024   Rights and responsibilities
   33.025   Members
Sewer Department
   33.040   Establishment
   33.041   Superintendent; powers
   33.042   Governing regulations
Water Department
   33.050   Establishment
   33.051   Superintendent; powers
   33.052   Governing regulations
Street and Sanitation Department
   33.060   Establishment
   33.061   Superintendent; powers
   33.062   Governing regulations
Traffic Violations Bureau
   33.080   Establishment
   33.081   Fees
   33.082   Location
Municipal Works Board; Department of Municipal Works
   33.100   Creation of Board; members
   33.101   Creation of Department
   33.102   Director of Municipal Works
   33.103   Assistant Director of Municipal Works
Economic Development Commission
   33.115   Establishment; membership; term
GENERAL PROVISIONS
§ 33.001 AUTHORITY OF TOWN COUNCIL TO ESTABLISH COMPENSATION.
   Each member of the Police Commission, Planning Commission, Board of Zoning Appeals, Parks and Recreation Board, and the Secretary of the Board of Zoning Appeals shall be compensated in an amount as shall be established by ordinance from time to time.
(Ord. 2000-023, passed 12-11-00)
Cross-reference:
   Parks and Recreation Board, see §§ 33.020 et seq.
   Police Department, see Chapter 36
   Board of Police Commissioners, see §§ 36.01 et seq.
REDEVELOPMENT COMMISSION
§ 33.010 ESTABLISHMENT.
   Pursuant to I.C. 36-7-14-3, the Town Council now ordains, orders and establishes the Sellersburg Redevelopment Commission.
(Ord. 2008-037, passed 10-27-08)
§ 33.011 MEMBERSHIP; APPOINTMENT; TERMS; AND ORGANIZATION.
   (A)   Membership. Pursuant to I.C. 36-7-14-3 and I.C. 36-7-14-6.1, the Redevelopment Commission shall be comprised of five voting Commissioners and one non-voting Advisor.
   (B)   Appointment. The appointment of these six individuals must conform with the following:
      (1)   Three voting Commissioners are appointed by the Town Council President, who acts in the capacity of the town executive.
      (2)   Two voting Commissioners are appointed by the Town Council, acting in the capacity of the town legislative body; and
      (3)   The Town Council President will appoint one person from the West Clark Community Schools School Board, representing the schools serving the town, to serve as the non-voting Advisor to the Commission.
   (C)   Terms.
      (1)   Pursuant to I.C. 36-7-14-7, the originally appointed Commissioners shall serve from the date of their appointments until the first day of January in the second year after their appointment.
      (2)   Thereafter, each appointed Redevelopment Commissioner shall serve for one year from the first day of January after the Commissioner's appointment.
   (D)   Organization.  
      (1)   Pursuant to I.C. 36-7-14-8, the newly-established Redevelopment Commission shall hold a meeting for the purpose of its reorganization not later than 30 days after the Commissioners are appointed.
      (2)   Organization of the Redevelopment Commission shall conform with the Indiana Code.
(Ord. 2008-037, passed 10-27-08)
§ 33.012 RIGHTS AND RESPONSIBILITIES.
   The Redevelopment Commission shall have all the rights and responsibilities set forth in the Indiana Code, including but not limited to, I.C. 36-7-14 et seq., as amended.
(Ord. 2008-037, passed 10-27-08)
PARKS AND RECREATION BOARD
§ 33.020 ESTABLISHMENT.
   The Board of Parks and Recreation is hereby created.
(Ord. 2017-OR-010, passed 3-27-17)
§ 33.021 APPOINTMENT.
   Pursuant to I.C. § 36-10-3-4(b), the Town Board of Parks and Recreation shall consist of four members to be appointed by the town legislative body. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. Except as provided in I.C. § 36-3-10-4.1 et seq., not more than two members may be affiliated with the same political party. Members of the board must be residents of the district.
(Ord. 2017-OR-010, passed 3-27-17)
§ 33.022 EX OFFICIO MEMBER.
   In addition to the four members, the legislative body shall appoint one ex officio member, whom shall have all the same powers as a member. An ex officio member must be:
   (A)   Of the governing body of the school corporation selected by that body; or
   (B)   Designated by the governing body of the school corporation.
   (C)   A member of the governing body of the library district selected by that body; or
   (D)   Divisions (A) - (C) of this section.
(Ord. 2017-OR-010, passed 3-27-17)
§ 33.023 POWERS.
   This Council repeals all prior ordinances and resolutions regarding the establishment, amendment to, or powers of the Board of Recreation and Parks Authorities. Further, all property owned by the Board of Recreation shall be transferred to the Board of Parks and Recreation within ten business days of the effective date of this subchapter.
(Ord. 2017-OR-010, passed 3-27-17)
§ 33.024 RIGHTS AND RESPONSIBILITIES.
   This Council reserves its rights pursuant to I.C. § 36-10-3-4.1, with the ability to waive the requirement that a member of the Board of Parks and Recreation be affiliated with a political party only in an absence of persons who are willing to serve on the town Board of Parks and Recreation and who satisfy any or all of the requirements.
(Ord. 2017-OR-010, passed 3-27-17)
§ 33.025 MEMBERS.
   The current members of the Board of Recreation shall be appointed as the first Board of Parks and Recreation for the town.
(Ord. 2017-OR-010, passed 3-27-17)
SEWER DEPARTMENT
§ 33.040 ESTABLISHMENT.
   The Sewer Department is recognized as a separate department of the town.
(`93 Code, § 2-70)
§ 33.041 SUPERINTENDENT; POWERS.
   The Sewer Department shall be headed by a Superintendent, who shall serve at Council's pleasure.
(`93 Code, § 2-71)
§ 33.042 GOVERNING REGULATIONS.
   Specific regulations of the Sewer Department are set forth in Chapters 53 and 54 of this code.
(`93 Code, § 2-72)
WATER DEPARTMENT
§ 33.050 ESTABLISHMENT.
   The Water Department is recognized as a separate department of the town.
(`93 Code, § 2-75)
§ 33.051 SUPERINTENDENT; POWERS.
   The Water Department shall be headed by a Superintendent, who shall serve at Council's pleasure.
(`93 Code, § 2-76)
§ 33.052 GOVERNING REGULATIONS.
   Specific regulations of the Water Department are set forth in Chapter 52 of this code.
(`93 Code, § 2-77)
Cross-reference:
   Utility Cash Reserve Funds, see § 35.01
STREET AND SANITATION DEPARTMENT
§ 33.060 ESTABLISHMENT.
   The Street and Sanitation Department is recognized as a separate department of the town.
(`93 Code, § 2-80)
Cross-reference:
   Local Road and Street Fund, see § 35.07
§ 33.061 SUPERINTENDENT; POWERS.
   The Street and Sanitation Department shall be headed by the Superintendent, who shall serve at the pleasure of the Town Council.
(`93 Code, § 2-81)
§ 33.062 GOVERNING REGULATIONS.
   Street and sanitation regulations are set forth in Chapters 94 and 95 of this code.
(`93 Code, § 2-82)
TRAFFIC VIOLATIONS BUREAU
§ 33.080 ESTABLISHMENT.
   The Sellersburg Town Council now establishes a Sellersburg Traffic Violations Bureau in order to allow the Sellersburg Town Court to accept and process all fines, court costs and penalties associated with all traffic ordinance and infraction violation convictions.
(Ord. 2004-011, passed 2-16-04)
§ 33.081 FEES.
   (A)   All fees which are collected for violations/convictions paid to the Traffic Violations Bureau shall be deposited into the town's general fund.
   (B)   The Town Court is authorized to take all steps necessary to set up certification and payment procedures.
(Ord. 2004-011, passed 2-16-04)
§ 33.082 LOCATION.
   The Town Court shall be located and held at 101 S. New Albany Street, Suite 110, Sellersburg, IN 47172.
(Ord. 2004-011, passed 2-16-04)
MUNICIPAL WORKS BOARD; DEPARTMENT OF MUNICIPAL WORKS
§ 33.100 CREATION OF BOARD; MEMBERS.
   There is hereby created a Municipal Works Board which shall consist of the members of the Town Council.
(Ord. 2005-032, passed 12-19-05)
§ 33.101 CREATION OF DEPARTMENT.
   The Municipal Works Board shall create the Department of Municipal Works for the purpose of performing the day-to-day operations of the sewer, water, and street departments including bill and collection of all accounts.
(Ord. 2005-032, passed 12-19-05)
§ 33.102 DIRECTOR OF MUNICIPAL WORKS.
   (A)   A Director of Municipal Works shall be appointed to perform the day-to-day operations of the sewer, water, and street department, including the billing and collection of all accounts.
   (B)   The Director of Municipal Works shall serve at the pleasure of the Municipal Works Board.
   (C)   The Town Council has determined the Director of Municipal Works shall be delegated all powers and authority under Indiana Law, necessary to affect the day to day operations of the sewer, water and street departments, including billing and collection; and the Town Council has determined the Director of Municipal Works shall have the following duties and responsibilities:
      (1)   Directly responsible for administration, operation and maintenance of all public works divisions and related personnel;
      (2)   Responsible for all existing town utilities, and the planning for any new utilities;
      (3)   Responsible for hiring and the dismissal of employees within the Department of Municipal Works;
      (4)   Responsible for all town streets and easements including maintenance;
      (5)   Responsible for all existing facilities and the planning of any new facilities;
      (6)   Responsible for representing the town at all public and private functions within the given area involving municipal works problems and the planning for future needs;
      (7)   Approve evaluation reports on personnel in the Municipal Works Department;
      (8)   Responsible for the creation and maintenance of electronic maps;
      (9)   Responsible for web content and upgrade of the web site known as www.Sellersburg.org;
      (10)   Responsible for MS 4 administration, operation, and reporting as required by statute;
      (11)   The Department of Municipal Works shall include street department, water department, sewer department, sanitation department, and billing and collection department;
      (12)   Responsible to act as the purchasing agent for the town and all departments as authorized by Indiana Law;
      (13)   Authorize the billing manager/clerk to have exclusive responsibility for all funds within the Department;
      (14)   All other duties as may be delegated by the Municipal Works Board.
(Ord. 2005-032, passed 12-19-05; Am. Ord. 2005-033, passed 12-19-05)
§ 33.103 ASSISTANT DIRECTOR OF MUNICIPAL WORKS.
   (A)   The Town Council has established the position of Assistant Director of Municipal Works, effective as of the passage of this section.
   (B)   The Assistant Director of Municipal Works shall have the following duties and responsibilities:
      (1)   The Assistant Director of Municipal Works shall hold a Class Three (3) or Class Four (4) Sewer Operator's license at all times while engaged in his or her duties as the Assistant Director of Public Works;
      (2)   Responsible for the safety education of all departments and coordinate classes to provide a safe work environment for all employees within the Municipal Works Department;
      (3)   Responsible for the operation, reporting and maintenance of the wastewater treatment facility;
      (4)   Responsible for the repair and maintenance of the collection system of the municipal sewer system;
      (5)   Responsible for creating and administering a budget as set forth by the Town Council for the Municipal Water and Sewer Departments;
      (6)   All other duties that may be delegated by the Director of Municipal Works.
(Ord. 2005-032, passed 12-19-05; Am. Ord. 2005-033, passed 12-19-05)
ECONOMIC DEVELOPMENT COMMISSION
§ 33.115 ESTABLISHMENT; MEMBERSHIP; TERM.
   (A)   Establishment. The Sellersburg Economic Development Commission is hereby established.
   (B)   Board membership. The Board shall be made up of three commissioners appointed by the Town Executive as follows:
      (1)   One of the members shall be selected by the Town Executive;
      (2)   One shall be nominated by the fiscal body of the county in which the town is located; and
      (3)   One shall be nominated by the town fiscal body.
   (C)   Term. The Sellersburg Economic Development Commissioners shall take office upon their appointment, and their terms run February 1 after their original appointment, for a period of:
      (1)   Three years, if selected by the Town Executive;
      (2)   Two years, if nominated by the town fiscal body; and
      (3)   One year, if nominated by the county fiscal body.
(Ord. 2023-OR-004, passed 2-13-23)
CHAPTER 34: PERSONNEL
Section
General Provisions
   34.001   Town organization and structure
   34.002   A proud team dedicated to citizen service
   34.003   Purpose of the handbook
Employment
   34.020   Employment at-will
   34.021   Equal opportunity employment
   34.022   Status of employment
   34.023   Accommodation of individuals with disabilities
   34.024   Criminal background checks
   34.025   Personnel files
   34.026   Anti-nepotism policy
   34.027   Consensual romantic or sexual relationships
   34.028   Job vacancies and promotions
   34.029   Outside employment
   34.030   Work hours and overtime
   34.031   Ghost employment
   34.032   Eligibility for rehire
   34.033   Resignation of employment
   34.034   Expected payment
   34.035   Exit interviews
Benefits
   34.050   Benefits enrollment
   34.051   Health and welfare insurance; medical/dental/life and disability
   34.052   Benefit election changes
   34.053   COBRA continuation
   34.054   HIPPA privacy notice
   34.055   Public Employees Retirement Fund (PERF)
   34.056   Longevity
   34.057   Holidays
   34.058   Paid time off (PTO)
   34.059   Bereavement leave
   34.060   Indiana military leave
   34.061   Continuation of benefits and paid time off
   34.062   Notice requirement
   34.063   Family Medical Leave Act (FMLA)
   34.064   Military leave
   34.065   Personal leaves of absence
   34.066   Workers compensation
   34.067   Unemployment compensation
Compensation
   34.080   Paychecks
   34.081   Direct deposit
   34.082   Payroll deductions and garnishments
   34.083   Overtime
   34.084   Meal periods and breaks
   34.085   On-call designation
   34.086   Travel and expense reimbursement
   34.087   Mileage
   34.088   Overnight travel
   34.089   Jury duty
Workplace Expectations
   34.100   Attendance
   34.101   Confidentiality
   34.102   Conflicts of interest
   34.103   Solicitation and distribution
   34.104   Dress code
   34.105   Drug and alcohol-free workplace
   34.106   Non-harassment policy
   34.107   Employee performance management
   34.108   Problem solving procedure
   34.109   Emergency weather
   34.110   Smoking
   34.111   Media inquiries
   34.112   Security inspections and right to search
   34.113   Workplace violence
   34.114   Safety and security
   34.115   Use of town property and vehicles
   34.116   Social networking
   34.117   Personal telephone calls
   34.118   Computer usage and electronic communication
   34.119   Town cellular phones
GENERAL PROVISIONS
§ 34.001 TOWN ORGANIZATION AND STRUCTURE.
   (A)   The Town of Sellersburg is organized into various departments to ensure adequate expertise, specialization, and efficiency. The Town Manager is the administrative department head responsible for the day-to-day management of of the Wastewater, Water, Streets and Sanitation, Building Planning and Zoning, and Billing Departments. The Sellersburg Police Chief is the administrative department head responsible for the day-to-day management of the Police Department.
   (B)   The Town Council governs the Town of Sellersburg. The Town Manager and Police Chief directly report to the Town Council and are responsible for the general administration of town business as it relates to the departments under their supervision. A member of the Town Council serves as a designee to each town department to enable transparent communication of operational issues between the governing and administrative functions of the town.
   (C)   Sellersburg Police Department general orders. The Sellersburg Police Department is governed by regulations (general orders) approved by the Metropolitan Board of Police Commissioners in accordance with applicable state and federal law. The Town of Sellersburg also has regulations (policies) approved by the Sellersburg Town Council in accordance with applicable state and federal law. In the event the Town of Sellersburg and Sellersburg Police Department both have regulation that covers a particular topic, the Police Department’s general order will supersede the town’s policy. If the Police Department does not have a specific regulation but is covered by a town policy, then the town’s policy applies.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.002 A PROUD TEAM DEDICATED TO CITIZEN SERVICE.
   (A)   You are now part of an organization that is dedicated to serving our community, and we are confident you will soon be contributing toward that end. Your coworkers and their predecessors have established on outstanding reputation serving the citizens of Sellersburg. Our simple motto is "Citizen Service." This means our mission is to provide quality service on a consistent basis with economy and efficiency in mind. We must be ever mindful of how we spend our taxpayers' dollars.
   (B)   Please understand that you will be in the public's eye. We are confident you will serve the town with pride and honor.
   (C)   All citizens should be treated with respect and courtesy. Employees should not engage in arguments, debates, or lengthy discussions with private citizens regarding town policies, procedures, or services.
   (D)   Employees should refer all citizen complaints to their department head, the Town Manager, and/or the Council Member who represents the district in which the citizen lives.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.003 PURPOSE OF THE HANDBOOK.
   (A)   The policies described in this handbook are intended to apply to all employees of the Town of Sellersburg. The policies and practices will apply unless superseded by applicable federal, state, or local laws or regulations.
   (B)   We urge you to read this handbook, understanding that the policies and practices it sets forth are important guidelines and rules for your employment. It is not a contract. No one is authorized to represent otherwise. The Town of Sellersburg retains the right, at its sole option and at any time, to deviate totally or partially from the policies, practices, and procedures contained in this handbook. Further, employees are employed “at-will” for an indefinite period. That means that just as employees may leave the employment with the town at any time, the Town of Sellersburg retains the right to end the employment relationship at any time, for any reason, or for no reason.
   (C)   Any employee benefit plan or program provisions described herein are for convenience only. Benefit plans and programs are governed by the provisions of their formal documents as they exist now or as they may exist in the future. Employees should refer to those documents for specifics.
   (D)   The guidelines in this handbook will be helpful in familiarizing you with the town. However, this handbook cannot anticipate every situation or answer every question regarding employment.
   (E)   Human Resources policies and procedures are periodically updated. This chapter is current as of the date of publication and replaces and supersedes all prior employee handbooks. However, changes may have been made which are not reflected in this document. The Town of Sellersburg expressly reserves the right to change, add, delete, and/or modify any or all the provisions of this guide, and/or to change, add, delete, and/or modify any other published or unpublished policies, from time to time, with or without notice. Management staff shall make every effort to keep employees aware of any policy changes.
   (F)   This chapter applies to all employees of the Town of Sellersburg. If you have any questions regarding this chapter or your employment, please refer them to your immediate supervisor or contact your department head or the Town Council.
   (G)   Employees under the age of 18 must furnish a work permit to be employed by the town.
(Ord. 2021-OR-031, passed 11-22-21)
EMPLOYMENT
§ 34.020 EMPLOYMENT AT-WILL.
   All employees who do not have a separate written employment contract for a specific, fixed term of employment are employed on an at-will basis for an indefinite period. Employees may resign at any time and may be terminated at any time, with or without notice, and with or without cause. Nothing contained in this handbook alters or should be relied upon as altering this at-will relationship.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.021 EQUAL OPPORTUNITY EMPLOYMENT.
   The town provides equal employment opportunity to all employees and applicants for employment regardless of race, color, religion, gender identity or expression, sexual orientation, national origin, age, genetic information, disability, status as a Vietnam-era or special disabled veteran, or any other protected factor in accordance with applicable federal laws.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.022 STATUS OF EMPLOYMENT.
   (A)   There are three classifications of employees:
      (1)   Full-time employees are classified as those who work a regular schedule of 37.5 to 40 hours per week.
      (2)   Part-time employees work a regular schedule of less than 37.5 hours per week.
      (3)   Temporary employees are hired for a limited period to perform a job until it is finished. Seasonal employees are included in this category.
   (B)   All employees are also classified as being “exempt” or “non-exempt.” Non-exempt employees are eligible for overtime. Only time worked counts toward overtime. Exempt employees are not subject to the overtime provisions of the Fair Labor Standards Act, and are not eligible for overtime pay, compensatory pay, extra regular duty pay, on-call pay, or shift premium pay unless approved by their supervisor.
   (C)   If an exempt employee feels that his/her pay is incorrect due to impermissible deductions, he/she should immediately present this issue to his/her immediate supervisor and/or Director.
   (D)   Employees under the age of 18 must furnish a work permit to be employed by the town.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.023 ACCOMMODATION OF INDIVIDUALS WITH DISABILITIES.
   (A)   In compliance with the Americans with Disabilities Act (“ADA”) and other applicable state and local laws, we provide reasonable accommodations for qualified individuals with disabilities. It is our policy to:
      (1)   Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in all terms, conditions, and privileges of employment, as required by the ADA; and
      (2)   Provide qualified applicants and employees with disabilities with reasonable accommodations, except where such accommodations would create an undue hardship on us, as provided under the ADA.
   (B)   It is the responsibility of an employee to inform management of the need for an accommodation.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.024 CRIMINAL BACKGROUND CHECKS.
   (A)   At the time of employment, criminal background checks are obtained upon the extension of a conditional offer of employment. An employee’s first day of work must not be prior to the satisfactory completion of a background check. Conviction of a crime does not automatically eliminate an applicant from consideration for employment. A decision is reached only after the nature, severity, and date of offense are thoroughly evaluated.
   (B)   If an applicant attempts to withhold or falsify information pertaining to his or her criminal background history, he or she will be disqualified from further employment consideration. If an employee is discovered to have withheld or falsified information pertaining to his or her criminal background history, he or she will be subject to further disciplinary action, up to and including termination.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.025 PERSONNEL FILES.
   Personnel files are the property of the town and may be reviewed by the employee in compliance with applicable state law. Employees wishing to view their personnel files should schedule a time with their supervisor or the town Clerk-Treasurer to do so.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.026 ANTI-NEPOTISM POLICY.
   (A)   Individuals who are relatives may not be employed in a unit in a position that results in one relative being in the direct line supervision of the other relative. Certain employees may not be promoted to a position that results in one relative being in direct line supervision of the other relative who is a newly elected official of the town.
   (B)   The town, through any of its boards, commissions, or purchasing agents, may not enter into a contract or renew a contract for public works or procurement of goods and services with a relative or a business entity that is wholly or partially owned by a relative of the executive of the town or member of the legislative or fiscal body of the town unless certain requirements are met.
   (C)   RELATIVE is defined as spouse, parent or stepparent, child or stepchild, brother, sister, stepbrother, stepsister, niece, nephew, aunt, uncle, daughter-in-law or son-in -law (including half-brothers and sisters and adopted children) for both Indiana nepotism statues.
   (D)   Grandfathering clause. Elected officials as of 7/1/2012 are exempt from these provisions.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.027 CONSENSUAL ROMANTIC OR SEXUAL RELATIONSHIPS.
   (A)   The Town of Sellersburg strongly discourages romantic or sexual relationships between a manager or other supervisory employee and his or her staff because such relationships tend to create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in employment decisions affecting the staff employee. If there is such a relationship, the parties need to be aware that one or both may be moved to another department, or other actions may be taken.
   (B)   If any employee of the town enters into a consensual relationship that is romantic or sexual in nature with a member of his/her staff, or if one of the parties is in a supervisory capacity within the same department in which the other party works, the parties must notify the administrative department head and/or a member of the Town Council. Because of potential issues regarding quid pro quo harassment, the town has made reporting mandatory. This policy also applies to romantic relationships between other employees, regardless of reporting structure.
   (C)   Once the relationship is made known to the town, the situation will be reviewed by the administrative department head to determine the course of action in the best interests of the town. Both parties may have to sign a consensual relationship agreement.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.028 JOB VACANCIES AND PROMOTIONS.
   (A)   In the event a job vacancy exists, the town may post the opening throughout its facilities. The notice will remain posted for a period of five working days. It will include the date of the posting as well as the posting expiration date. Employees wishing to apply for another position within the town should notify their current supervisor.
   (B)   Each posting will include:
      (1)   Job title;
      (2)   Job description and essential functions;
      (3)   Required experience;
      (4)   Compensation range per the salary ordinance;
      (5)   Application deadline; and
      (6)   How to apply for the position.
   (C)   Employees still in their 45-day probationary period are not allowed to apply for a new position within the town.
   (D)   Promotions. The Town of Sellersburg encourages you to seek promotional opportunities within the town. Promotions are based on job performance. In the event of equally qualified applicants, the town may take seniority into consideration when promoting an employee.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.029 OUTSIDE EMPLOYMENT.
   (A)   The Town of Sellersburg recognizes the right of its employees to use their skills and knowledge to supplement their incomes outside of working hours. However, outside employment should not interfere with an employee’s position with the town and should not be a conflict of interest. All full-time and part-time employees must consult their supervisor before accepting outside employment, to discuss the potential impact on their duties with the town.
   (B)   Outside employment will not be considered as an excuse for poor job performance, absenteeism, tardiness, or refusal to work overtime. Should outside employment cause or contribute to these or other undesirable work characteristics, disciplinary action, up to and including termination of employment may result.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.030 WORK HOURS AND OVERTIME.
   (A)   Regular hours are defined by your department director. Employees cannot change their assigned work schedule without the permission of their supervisor. Management may alter an employee’s work schedule based upon the needs of the operation.
   (B)   Employees classified as non-exempt are eligible for overtime premium pay in compliance with applicable state and federal law. Only time worked counts toward overtime. Employees are not permitted to work overtime without prior supervisory approval.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.031 GHOST EMPLOYMENT.
   The Town of Sellersburg prohibits ghost employment. Ghost employment occurs when an organization pays and employee who does not perform work for the organization, (see I.C. 35-44-2-4). No employee will receive pay for work if it is not related to the operations of the town. Any employee found to be in violation of this policy will be subject to disciplinary action, up to and including termination.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.032 ELIGIBILITY FOR REHIRE.
   To be considered for rehire by the Town of Sellersburg, the employee must have previously submitted the appropriate notice and have a satisfactory work record.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.033 RESIGNATION OF EMPLOYMENT.
   (A)   Notice requirements. Employees who are considering resignation are asked to discuss the situation with their immediate supervisor before making a final decision. If the discussion does not reveal information that changes an employee’s decision, notice is requested based on the following guidelines:
      (1)   Four weeks: directors;
      (2)   Three weeks: assistant directors and managers; and
      (3)   Two weeks: all other positions not listed above.
   (B)   The notice period will ensure that adequate arrangements can be made to replace the employee. Paid time off may not be used during the notice period, unless an employee extends his/her notice period by the length of time used. Failure to give the requested notice may affect eligibility for rehire. The town retains the right to dismiss a resigning employee prior to the conclusion of the notice period.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.034 EXPECTED PAYMENT.
   If you are separated from employment, the Town of Sellersburg is obligated to pay you for the time you worked in addition to any earned but unused PTO time. You will receive your paycheck on the next scheduled payday.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.035 EXIT INTERVIEWS.
   (A)   An employee who has resigned may be contacted to participate in an exit interview.
   (B)   The interview serves a dual purpose:
      (1)   Ensures that the reason for the resignation is not based on a misunderstanding or a condition that can be remedied; and
      (2)   Gathers pertinent data about the employee’s reasons for leaving the company. Topics to be covered include, but are not limited to, compensation, benefits, advancement opportunities, and training/orientation.
(Ord. 2021-OR-031, passed 11-22-21)
BENEFITS
§ 34.050 BENEFITS ENROLLMENT.
   (A)   The Town of Sellersburg offers health and welfare plans that are available to all full-time employees who work an average of 30 or more hours per week. Eligible employees can choose from a variety of benefit options including medical, dental, vision, life, and disability. Additional details concerning plan benefits are provided upon new employee orientation. Coverage begins on the first of the month following hire date of fulltime employment. Coverage will cease on last day of the month of the employee’s last day of employment.
   (B)   The town will conduct an annual open enrollment period December 1 - 31, during which full-time employees will be given the opportunity to add/drop coverage or elect different plan options or coverage levels. An employee cannot change elections made during the open enrollment period for the duration of the plan year unless proof of a qualifying life event is provided to the Clerk-Treasurer within the required time period. New hires must enroll within 30 days of his or her hire date.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.051 HEALTH AND WELFARE INSURANCE; MEDICAL/DENTAL/LIFE AND DISABILITY.
   Full-time employees are eligible for the town’s medical insurance plan on the first of the month following date of hire. A summary plan description booklet will be provided upon enrollment. The town will comply with applicable provisions of federal and state insurance laws and regulations. Please contact your supervisor or the Clerk-Treasurer if you have questions regarding the group insurance plan. If there is any conflict between the insurance plan or plans and the information provided in the handbook, the language of the insurance plan or plans shall control.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.052 BENEFIT ELECTION CHANGES.
   (A)   Health, dental, and life insurance elections cannot be changed during the respective plan year unless the employee provides proof of a qualifying life event to the Clerk-Treasurer within 30 days of the event.
   (B)   Examples of qualifying life events are as follows:
      (1)   Employee’s marriage or divorce;
      (2)   Employee acquires new dependent because of marriage, birth, or adoption;
      (3)   Death of employee’s spouse or child;
      (4)   Termination of employment (or spouse’s employment) or change of employment status (or spouse’s employment status); or
      (5)   Significant change in the medical benefits or premiums available either to employee or through spouse’s employment.
   (C)   It is the employee’s responsibility to notify the Clerk-Treasurer within the required time period of the intent to change coverage due to any event other than termination of employment or change in status to a benefit ineligible class with the company. Requests must be submitted in writing with proof of the qualifying event.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.053 COBRA CONTINUATION.
   (A)   Most employers sponsoring group health plans are required to offer employees and their dependents the opportunity for a temporary extension of coverage (called “continuation coverage”) at group rates where coverage under the plan would otherwise end.
   (B)   Employees and their covered dependents, who are covered by the town employee health plan have the right to choose this continuation coverage if group coverage is lost for any reason other than termination of employment resulting from gross misconduct by the employee. Under the law, you have at least 60 days from the date you would lose coverage to inform our insurance administrator that you want continuation coverage. Employees that elect COBRA are responsible for maintaining coverage by paying 100% of their insurance premiums.
   (C)   If you have questions regarding COBRA or your responsibilities to obtain continued coverage, you should contact the Clerk-Treasurer's office.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.054 HIPPA PRIVACY NOTICE.
   As required by the Health Insurance Portability and Accountability Act (HIPAA), the company will maintain the privacy of protected health information for all participants of our health, dental, and S125 benefit plans. All employees who choose to participate in one or more of these benefit plans will receive a privacy notice shortly after enrollment, which will outline the company’s legal duties and privacy practices with respect to protected health information.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.055 PUBLIC EMPLOYEES RETIREMENT FUND (PERF).
   PERF is one of the oldest and largest public or private pension funds in the nation. It provides secure, long-term benefits for full-time employees who choose careers in public service in Indiana. Mandatory contributions are determined by PERF and are suspended during an unpaid leave of absence. Members of the PERF retirement fund are vested following ten years of service.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.056 LONGEVITY.
   (A)   Longevity is a benefit that is based on your hire date. All full-time employees who have completed two years of employment with the town will receive longevity pay on the payroll week following their anniversary date. Years of service will be determined by the anniversary date of each employee in the year the benefit is to be received. Employees need to see their supervisor for additional information on longevity pay.
   (B)   Upon retirement or resignation, longevity shall be pro-rated based on months worked after the employee's anniversary date.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.057 HOLIDAYS.
   (A)   All full-time and part-time hourly employees are eligible to receive holiday pay. These employees must work the day before and the day after the holiday to receive holiday pay unless time off has been previously approved by their supervisor. Employees do not receive holiday pay while on an unpaid leave of absence.
   (B)   Any full-time and part-time hourly employees required to work on a scheduled holiday will receive eight hours of holiday pay in addition to time and a half for hours worked on the holiday.
   (C)   Police officers shall receive eight hours of holiday pay per holiday. Officers working a scheduled holiday shall receive holiday pay in addition to time and a half for hours worked on the holiday.
   (D)   The Town of Sellersburg observes the following holidays:
New Year's Day
Veteran's Day
MLK Day
Thanksgiving Day
Presidents' Day
Day after Thanksgiving
Good Friday
Christmas Eve
*Election Day
Christmas Day
Memorial Day
Columbus Day
Juneteenth
Labor Day
Independence Day
 
*The State of Indiana does not hold elections every year. Election Day is only a paid holiday if there are elections being held in the State of Indiana that year. If elections are not being held in the State of Indiana on any specific year, there is no Election Day holiday(s) that year.
 
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.058 PAID TIME OFF (PTO).
   (A)   The Town of Sellersburg believes that employees should have opportunities to enjoy time away from work to achieve work life balance. The following PTO policy outlines the provisions for eligible employees.
   (B)   Eligibility and availability. All full-time employees are eligible for PTO. Eligibility begins the first of the month following 60 days of continuous employment. During the first calendar year of employment, employees earn 1.5 days per month. Thereafter, employees will receive PTO on January 1 of each year. PTO credited on January 1 will be based on the employee’s years of service as of December 31 the previous year. PTO is earned on the following schedule:
 
Length of Service*
Accrual Rate
Less than 2 years of service
1.5 days per month of full-time service (maximum of 15 days)
2 - 4 years of service
25 days
5 - 9 years of service
30 days
10 - 19 years of service
35 days
20 + years of service
40 days
*Length of service year to begin January 1 of the year following your anniversary.
 
   (C)   Use and scheduling of PTO. You must schedule PTO at least two weeks in advance or as soon as possible in the case of illness or emergency. All time away from work, including unexcused absences, will be deducted from your PTO bank. Exceptions to this policy are holidays and time off in accordance with the town’s policy for jury duty, military duty, or bereavement. PTO may be used in half-day increments. You are required to use your PTO when out on an approved leave of absence.
   (D)   PTO and sick bank rollovers.
      (1)   At the end of each year, employees will receive the option to roll over any accrued but unused PTO into a “sick bank” or receive payment for unused time (refer to division (E) below). There is a 30-day maximum an employee can roll over into the sick bank. Sick bank leave must be approved by the administrative department head.
      (2)   The sick bank exists to help employees offset lost income while on an approved leave of absence for the employee’s own illness or to care for a dependent who is ill. It may not be used for any other purpose. PTO does not need to be exhausted prior to using “sick bank” for approved leave of absence under this section.
   (E)   Cash out option. Employees can cash out earned PTO days. Employees selecting the cash out option will receive full payment for accrued but unused PTO of that year, up to their maximum earned days at the time of PTO cash out.
   (F)   Payment upon separation. Upon resignation or separation of employment, employees will be paid for all PTO earned but not used. Earned PTO is calculated by multiplying the number of full calendar months the employee worked in the current year by the number of PTO days he or she is eligible. That number is divided by 12. Please see the following example:
 
Employee
Years of Service
Full Months Completed
Eligible PTO
Number of Days Paid Out
Employee A
3
6
25
12.5
Employee B
9
3
30
7.5
Employee C
14
10
35
29
 
   (G)   Special retirement provision. Upon resignation or retirement after 20+ years of service with the Town of Sellersburg, eligible employees can cash in 60 days of “sick bank”.
   (H)   Retirees Insurance Fund. After 20+ years of service with the Town of Sellersburg, eligible full-time employees shall receive $19,944 from the Retirees Insurance Fund, to be paid upon retirement.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.059 BEREAVEMENT LEAVE.
   (A)   The Town of Sellersburg will provide full-time employees with up to five paid days off upon the death of an immediate family member. The town will provide one paid day off to attend the funeral upon the death of non-immediate family members.
   (B)   The definition of an IMMEDIATE FAMILY MEMBER includes mother, father, sister, brother, spouse, grandparent, grandchild, stepbrother, stepsister, mother-in-law, father-in-law, or any other legal dependent of the employee. A NON-IMMEDIATE FAMILY MEMBER is defined as aunt, uncle, niece, nephew, or non-immediate step relative.
   (C)   In exceptional circumstances, the employee may request paid bereavement leave from the administrative department head for non-immediate family members.
   (D)   This bereavement policy is designed to reimburse employees for time lost from work. It does not apply if the employee is on any other type of leave. Employees should notify their department head as soon as possible if the need for bereavement leave arises.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.060 INDIANA MILITARY LEAVE.
   (A)   The Town of Sellersburg will grant Indiana employees military family leave in accordance with the Indiana Military Family Leave Act. Under the Military Family Leave Act, employees may take up to ten days of unpaid leave per year during one or more of the following periods:
      (1)   Within the 30-day period before a family member begins active duty;
      (2)   During the leave period of a family member on active duty; or
      (3)   During the 30-day period following a family member’s return from active duty.
   (B)   To qualify as a family member, the employee must be the spouse, parent, grandparent or sibling of the service person. ACTIVE DUTY is defined as a period that exceed 89 consecutive calendar days.
   (C)   Leave qualifications. To qualify, an employee seeking leave must have been employed by the town for at least 12 months and have worked 1,500 hours during the 12-month period immediately preceding the day the leave begins.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.061 CONTINUATION OF BENEFITS AND PAID TIME OFF.
   Employees may continue their health-care benefits while on leave. Employees are responsible for their portion of the premium. Employees may use available paid time off during the leave if they choose.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.062 NOTICE REQUIREMENT.
   If foreseeable, an employee must request the leave not less than 30 days before the leave is to begin by completing a leave of absence request form. Failure to submit the request at least 30 days in advance may result in a delay of the requested start date. The town reserves the right to require employees to provide proper verification of the need for leave. Failure to follow the procedure and provide proper verification may result in the absence as unexcused.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.063 FAMILY MEDICAL LEAVE ACT (FMLA).
   (A)   What FMLA provides. The FMLA provides eligible employees the opportunity to take unpaid, job-protected leave for certain specified reasons. Any employee who has questions about this policy should contact their supervisor for guidance. The town will not interfere with, restrain or deny an eligible employee’s use of FMLA leave.
   (B)   Eligibility requirements.
      (1)   Employees are eligible to request FMLA leave if they have worked for the town for at least one year, have worked at least 1,250 hours over the previous 12 months and work at a location where at least 50 employees are employed by the town within 75 miles.
      (2)   While the 12 months of employment need not be consecutive, employment periods prior to a break in service of seven years or more are not counted unless the break is occasioned by the employee’s fulfillment of his or her National Guard or Reserve military obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA), or a written agreement exists concerning the employer’s intention to rehire the employee after the break in service. If you do not meet these criteria, you are not eligible for FMLA leave.
   (C)   Qualifying reasons for FMLA leave.
      (1)   A covered employer must grant an eligible employee up to a total of 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons:
         (a)   For the birth and care of a newborn child of the employee;
         (b)   For placement with the employee of a son or daughter for adoption or foster care;
         (c)   To care for a spouse, son, daughter, or parent with a serious health condition;
         (d)   To take medical leave when the employee is unable to work because of a serious health condition;
         (e)   For “qualifying exigencies” arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation (up to 12 weeks); or
         (f)   "Military caregiver leave” to care for a covered service member with a serious injury or illness related to certain types of military service (up to 26 weeks per year may be taken for this purpose).
      (2)   A SERIOUS HEALTH CONDITION is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
      (3)   Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three consecutive full calendar days and two visits to a healthcare provider or one visit to a healthcare provider and a continuing regimen of care; an incapacity caused by pregnancy or prenatal visits, a chronic condition, or permanent or long-term conditions; or absences due to multiple treatments. Other situations may meet the definition of continuing treatment.
      (4)   The maximum amount of leave that may be taken in any 12-month period-for all reasons combined is 12 weeks, with one exception. For leave to care for a covered service member, the maximum combined leave entitlement is 26 weeks, with leaves for all other reasons constituting no more than 12 of those 26 weeks.
   (D)   Identifying the 12-month period. The town measures the 12-month period in which leave is taken by the “rolling” 12-month method, measured backward from the date of any FMLA leave with one exception. For leave to care for a covered service member, the town calculates the 12-month period beginning on the first day the eligible employee takes FMLA leave to care for a covered service member and ends 12 months after that date. FMLA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.
   (E)   Intermittent or reduced schedule leave. You may request leave for the serious health condition for yourself, spouse, or child on an intermittent or reduced schedule. Under certain circumstances, the town may temporarily transfer you to an alternate position for which you are qualified that provides a solution to your accommodation request. Your pay at the time of the temporary transfer will not be affected during this time.
   (F)   Employee notice requirements.
      (1)   Employees must provide 30 days’ notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable. Employees must comply with normal call-in procedures.
      (2)   Employees must provide sufficient information to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider; or circumstances supporting the need for military family leave. Employees also must inform their supervisor if the requested leave is for a reason for which FMLA leave was previously taken or certified. When an employee seeks leave due to a FMLA qualifying reason for which the town has previously provided the employee FMLA protected leave, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave.
   (G)   Certifications.
      (1)   The Town of Sellersburg requires that an employee’s request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. The town may require second or third medical opinions at the expense of the town and periodic recertification of a serious health condition. The Town of Sellersburg may utilize a health care provider, a human resource professional, a leave administrator, or a management official—but not the employee’s direct supervisor—to authenticate or clarify a medical certification of a serious health condition.
      (2)   The Town of Sellersburg requires employees returning from leave for their own serious health condition to submit a certification that they can resume work. If reasonable safety concerns exist, the company may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave.
   (H)   Compensation and benefits while on family and medical leave.
      (1)   Family medical leave is unpaid leave. In accordance with applicable state law, employees may be required to apply all accrued and unused paid leave to all leaves covered by this policy.
      (2)   The Town of Sellersburg will continue to pay its portion of the group health premium for the duration of any approved FMLA leave. The employee continues to be responsible for paying his or her group health insurance premiums as if he were still actively working during this period. Premiums must be submitted monthly. Failure to submit payment within 30 days may result in termination of coverage for the duration of the leave. An employee’s failure to pay his or her portion of the group health insurance premium will result in coverage being canceled. If an employee does not wish to continue group health insurance while on family and medical leave, the town should be notified immediately.
      (3)   Employees who can return to work within the FMLA approved leave time limits will be entitled to be covered by health insurance at the time they return to work if their coverage has lapsed for any reason during the approved FMLA leave. Any changes to company health coverage while an employee is on a family and medical leave will be applied as if the employee were still actively employed.
      (4)   Paid time off benefits will cease to accrue while an employee is on FMLA.
   (I)   Return from leave.
      (1)   Except as otherwise provided by law, upon returning from FMLA leave eligible employees will be restored to their original job or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment. Restoration may not be possible if, for example, your position has been eliminated. Additionally, certain key employees may not be entitled to job restoration under certain conditions. If you are a key employee, you will be notified of such status. Use of FMLA leave will not affect the calculation of an employee’s seniority or years of service. If an employee has taken leave due their own medical condition, a clearance to return to work is required from the certifying physician.
      (2)   For additional information about your rights and responsibilities under FMLA and/or to request leave under this policy please contact your supervisor.
      (3)   The Town of Sellersburg recognizes that certain states may have laws which provide greater or diverse types of leave and/or may require less advance notice than that set forth above. In such event, the applicable state family and medical leave law shall apply.
(Ord. 2021-OR-031, passed 11-22-21)
§ 45.064 MILITARY LEAVE.
   (A)   A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice, or it is otherwise impossible or unreasonable.
   (B)   The leave will be unpaid. However, employees may use any available paid time off for the absence. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon the employee's return to active employment. Contact your supervisor for more information or questions about military leave.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.065 PERSONAL LEAVES OF ABSENCE.
   (A)   On occasion, for extraordinary reasons, you may wish to be temporarily released from your job duties but not submit your resignation. You may be eligible for unpaid leave under these circumstances. Request for unpaid leave may be made in writing to your direct supervisor, supervisor’s supervisor or any Town Council member. If you are granted unpaid leave and receive health insurance, you will be responsible for the payment of premiums or risk loss of coverage.
   (B)   Request for leave and notice.
      (1)   Employees requesting leave must obtain and submit a leave of absence form to their department head, preferably 30 days in advance.
      (2)   If the leave request is approved, the employee must contact their department head every two weeks to provide updates and an estimate on their return to work date.
   (C)   Use of paid time off for personal leave of absence. Employees are required to use their PTO during their personal leave of absence. Once the paid time off is exhausted, sick bank may be used with administrative department head’s approval.
   (D)   Benefits. To continue health insurance coverage, employees are required to pay their portion of insurance premiums. You may pre-pay in advance or send in monthly payments to the Clerk-Treasurer’s office. The payment must be received by the 15th day of the month. If any payment is more than 30 days late, the town will terminate your coverage. If a check is returned for insufficient funds, the town will not consider the payment made until the town receives sufficient cash, a money order, or a cashier’s check.
   (E)   Return to work. Employees that are on a personal leave of absence due to medical reasons will need to provide a release to work from your physician. If you do not return to work on the agreed upon date the town will consider it job abandonment and your employment will be terminated.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.066 WORKERS COMPENSATION.
   (A)   From the first day of employment, all Town of Sellersburg employees are covered with insurance against medical expenses arising from work-related illnesses or accidents. This insurance also provides for a percentage of lost wages due to accidents and illness related to work. These benefits start seven days from the date of disability.
   (B)   Employees who sustain a work-related injury or illness must inform their department head immediately. This will enable eligible employees to qualify for coverage as quickly as possible.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.067 UNEMPLOYMENT COMPENSATION.
   Each Town of Sellersburg employee’s job is covered by state unemployment compensation, which may pay a weekly benefit if an employee is laid off. The cost of this benefit is paid entirely by the town.
(Ord. 2021-OR-031, passed 11-22-21)
COMPENSATION
§ 34.080 PAYCHECKS.
   The town’s payroll cycle runs on a bi-weekly pay period. Paychecks are issued every Friday. For employees that feel their wages have been calculated in error, it is their responsibility to notify the Clerk-Treasurer immediately. Every effort will be made to correct the error as quickly as possible.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.081 DIRECT DEPOSIT.
   The town requires direct deposit of paychecks into the banking institution of your choice. Any changes to banks or account numbers should be reported to the Clerk-Treasurer’s office.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.082 PAYROLL DEDUCTIONS AND GARNISHMENTS.
   The town is required by law to make certain deductions from your paycheck. Among these are applicable federal, state, and local income taxes. Social Security taxes must be deducted from your earnings up to a specified limit. The town matches the amount of Social Security taxes you pay. Court-ordered payments such as garnishments are pay deductions collected and forwarded to the courts. The Clerk-Treasurer’s office will notify the employee when a garnishment is received.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.083 OVERTIME.
   (A)   Occasionally, the Town of Sellersburg may require overtime for hourly employees on short notice. Although situations may arise that will prevent an employee from working overtime, the town expects all hourly employees to be available to work overtime and a flexible schedule when necessary.
   (B)   Hourly employees will be paid overtime and one and one-half times their regular hourly rate for all hours worked over 40 hours per week. Paid time off and holidays are not included in the calculation of overtime pay. Police employees are exempt from this provision and will earn overtime pay in accordance with the department’s standard operating procedure for overtime.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.084 MEAL PERIODS AND BREAKS.
   All hourly employees may take a 30-minute or one-hour unpaid lunch break at the discretion of their department head. Unless otherwise instructed to work through the meal period, nonexempt employees must record the meal period as unpaid on their time record. In addition, all employees are provided two 15-minute paid breads during the workday. Department heads will determine break times.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.085 ON-CALL DESIGNATION.
   Town employees who are designated as being on-call will receive an additional pay, per the salary ordinance, for serving in the on-call capacity. This applies only to civilian, non-exempt employees.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.086 TRAVEL AND EXPENSE REIMBURSEMENT.
   The Town of Sellersburg wants all staff traveling on town business to do so in a safe and comfortable manner. At the same time, each employee must control and minimize the cost of travel-related expenses. All travel must be approved in advance to receive reimbursement. Itemized receipts must be saved and submitted with a claim form to the Clerk-Treasurer within seven days of the trip to receive reimbursement. False reporting on expense reports will result in disciplinary action, up to and including termination.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.087 MILEAGE.
   The town will reimburse employees for mileage expenses incurred while conducting official town business. The mileage reimbursement rate will be the amount allowed by town ordinance as long the employee carries motor vehicle liability insurance as required by law.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.088 OVERNIGHT TRAVEL.
   Expenses incurred (meals, lodging, and the like) for overnight travel while conducting official town business must be approved by the Administrative Department Head prior to registering/reserving for the out-of-town business. Certain personal expenses incurred during travel are not reimbursable, including but not limited to personal telephone calls, laundry, entertainment, and alcoholic beverages.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.089 JURY DUTY.
   (A)   The Town of Sellersburg encourages employees to fulfill their obligation as citizens when they are called to serve jury duty. Employees are entitled to retain any compensation you receive from the courts. In addition, you will receive the difference between your jury duty pay and your normal salary or hourly rate for the period you serve on jury duty, not to exceed ten days.
   (B)   Employees must submit their court order for jury duty to their supervisor. Prior to serving jury duty, an employee must ask the Court Clerk or bailiff to prepare a weekly verification form. The Court Clerk will typically provide the work verification form on each day you serve on jury duty. Employees must provide the work verification form to their department head each week The check received for jury duty pay does not need to be submitted and should be retained by the employee.
(Ord. 2021-OR-031, passed 11-22-21)
WORKPLACE EXPECTATIONS
§ 34.100 ATTENDANCE.
   (A)    Being at work on time every day is important. Your co-workers and the town’s residents depend on you. The Town of Sellersburg realizes that occasional absences are unavoidable. However, excessive absenteeism or tardiness creates a hardship for your co-workers. Because of this, frequent and unapproved absences and excessive tardiness can be cause for disciplinary action or dismissal.
   (B)   Attendance policy guidelines.
      (1)   In the event you are unable to come to work, it is critical that you provide as much notice as possible to ensure coverage for your position. The further in advance you provide notice, the more likely that coverage will be possible.
      (2)   Employees must call their department head at least 60 minutes before the start of your scheduled work time to report an absence or extended time away from the office. It is your responsibility to contact your department head, leave a message and then call another department head on duty. This procedure must occur every day you are absent unless you are on an approved leave of absence.
      (3)   In the event an employee is going to be late for work, the employee is required to notify their department head at least 30 minutes prior to start of their scheduled work time. Any instances of arriving late to work, taking extended breaks, or leaving work early must be reported to your supervisor and will be recorded in attendance records. Employees that need to leave work early for any reason must notify their department head before leaving.
      (4)   A no-call, no-show will be cause for disciplinary action, up to and including termination of employment. If you have three unreported consecutive absences, the town will consider it to be job abandonment and will assume that you have voluntarily resigned from your employment.
      (5)   If you are absent for three or more consecutive workdays, we may require you to provide medical documentation to support your absence. The town reserves the right to address the issue of chronic absenteeism or tardiness by accelerating the disciplinary process, up to and including termination.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.101 CONFIDENTIALITY.
    Depending upon the nature of your duties, you may have access to information that is confidential and privileged. This includes financial information, organizational information, and information regarding other employees or town residents. To protect confidentiality, you must limit the disclosure and discussion of this information to only those employees who need to know. Employees should never use this information for personal benefit or for the benefit of others.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.102 CONFLICTS OF INTEREST.
   (A)    Employees have a responsibility to avoid any situation that might make it difficult to act in the best interest of the Town of Sellersburg. A conflict of interest may exist when you or a member of your family has a financial interest in a company that has a contract or other dealings with the town. In addition, receiving personal gains from a business relationship, a conflict of interest likely exists. For clarity on whether any transaction or vendor relationship may be a violation of this policy, you should contact your department head.
   (B)   In addition, employees, including elected officials, must not accept honorariums, compensation, or gifts in exchange for their services as a town employee. This policy does not prohibit the acceptance of small items of nominal value. However, prior to accepting any gifts, gratuities, favors, preferential treatment, event tickets or anything else of monetary value (more than $25) from companies or individuals related to the job, you must receive approval from the administrative department head. To the extent state law requires an alternative handling of honorariums, compensation, or gifts, the town will comply with those laws.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.103 SOLICITATION AND DISTRIBUTION.
   (A)    People who are not employed by the Town of Sellersburg may not solicit or distribute literature and goods on town property for any purpose at any time. Vendors soliciting in the normal course of business who have established a business relationship with the town are excluded from this restriction. Exceptions to this policy are at the discretion of the Town Council.
   (B)   The town strives to communicate clearly and accurately with its employees; therefore, unless the town is involved in the activity, all notices, brochures, and other forms of solicitation of or by outsiders are prohibited. Employees are discouraged from soliciting other employees during working time. Working time includes that time for which any employee is paid and is expected to be performing services for the town. Working time does not include meal breaks, recognized break periods, or time before or after the established workday. Department heads may authorize limited exceptions to this policy.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.104 DRESS CODE.
   (A)   As an employee of the Town of Sellersburg, you should be concerned with the impression you make on others. You shall strive always to ensure that your clothing and appearance is clean and contributes to a professional atmosphere for co-workers, clients, residents, and visitors.
   (B)   The town is a business-casual workplace. There are occasions where employees should wear business professional attire. These occasions would include special meetings and/or delivering presentations. If you have specific questions about whether something is appropriate to wear you should contact your department head for clarification. Employees that are dressed inappropriately will be asked to go home and change their attire. This time will be unpaid. Repeated violations of this policy may result in disciplinary action.
   (C)   Uniforms. Employees in a customer facing position may need to offer verification that they are working in an official capacity and may be required to wear uniforms and/or official town identification cards. The following shall always be observed:
      (1)   Uniformed employees are representatives of the town and will conduct themselves accordingly;
      (2)   If the position requires a uniform, the employee must always wear the uniform while on duty. Every attempt shall be made to keep uniforms in a tidy appearance. Should a uniform need to be replaced, the employee shall communicate to their supervisor so a replacement can be arranged; and
      (3)   Uniforms may not be worn outside of work unless off-site for a work-related trip, seminar and/or meeting.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.105 DRUG AND ALCOHOL-FREE WORKPLACE.
    The Town of Sellersburg prohibits employees from unlawfully manufacturing, distributing, dispensing, selling, transferring, using, or possessing any illegal controlled substance or alcohol on town premises while working. Any employee found to be in violation of this policy will be subject to disciplinary action, up to and including termination. The town reserves the right to require applicants and employees to consent to a drug and alcohol test. No testing will be performed without an applicant’s or employee’s written consent.
   (B)   Pre-employment testing. The town requires applicants for employment to submit to a drug screen prior to starting work. The drug test is a pre-employment, post-offer requirement. Candidates found to have a positive drug screening will be subject to additional medical review and, based on the findings, may not be considered for employment.
   (C)   Post-accident testing. In the event of a workplace accident or injury, the town may determine that it is necessary to conduct a post-accident drug and or alcohol screening. The employee’s supervisor will accompany the employee to the designated testing site. Refusal to submit to the test or a positive result on such a test, is grounds for disciplinary action, up to and including termination.
   (D)   Reasonable suspicion. The company may ask you to submit to a drug and/or alcohol test when there is reason to believe that you are under the influence of drugs and/or alcohol, while at work. Refusal to submit to such testing, or a positive result on such a test, is grounds for disciplinary action, up to and including termination.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.106 NON-HARASSMENT POLICY.
   (A)   We are committed to providing all employees the opportunity to work in an environment free of illegal harassment. The town strives to provide all staff, clients, and vendors with an environment free of harassment. This can exist only when each employee is assured an atmosphere of mutual respect and one in which each is judged solely on criteria relating to job performance.
   (B)   The town expressly prohibits any form of unlawful employment harassment based on race, color, religion, sex, sexual orientation, gender identity or expression, genetic information, national origin, age, disability, status as Vietnam-era or special disabled veteran, or status in any group protected by state or local law. The town has adopted the following guidelines to deal with any form of harassment that may occur during business hours or on town premises, or in any location where the employee is conducting work.
   (C)   (1)   Sexual harassment includes:
         (a)   Physical assaults or physical conduct that is sexual in nature;
         (b)   Unwelcome sexual advances or comments or requests for sex or sexual activities concerning one’s employment or advancement, regardless of whether they are accompanied by promises or threats;
         (c)   Sexual displays or publications such as calendars, cartoons, or graffiti;
         (d)   Other verbal or physical conduct of a sexual nature which has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive work environment; and
         (e)   Retaliation for complaints of harassment.
      (2)   The town regards all such conduct as creating a hostile and offensive work environment in violation of this policy, regardless of whether submission to such conduct is made either explicitly or implicitly a term or condition of employment. Examples of sexual harassment include sexual propositions, sexual innuendo, sexually suggestive comments, sexually-oriented “kidding,” “teasing,” or “practical jokes,” jokes about gender-specific traits, foul or obscene language or gestures, displays of foul or obscene printed or visual material, and physical contact, such as patting, pinching, or brushing against another’s body; or reading or otherwise publicizing in the work environment, materials that are sexually suggestive or revealing.
   (D)   (1)   Racial, religious, or national origin harassment includes: any verbal, written, or physical act in which race, religion, or national origin is used or implied in a manner which would make a reasonable employee uncomfortable in the work environment or which would interfere with the employee’s ability to perform the job.
      (2)   Examples of race, religious or national origin harassment include:
         (a)   Jokes which include reference to race, religion, or national origin;
         (b)   The display or use of objects or pictures which, adversely reflect on a person’s race, religion, or national origin; and
         (c)   The use of language which is offensive due to a person’s race, religion, or national origin.
   (E)   If you have been a victim of sexual harassment or any other form of illegal harassment or if you witness the illegal harassment of others, you shall immediately report your concerns to a supervisor or the Town Manager. If this is not an option because your supervisor or Town Manager is the harasser, you should contact a member of the Town Council. Each complaint will be treated in a confidential manner, subject to our legal obligation to investigate and respond appropriately to such complaints. Retaliation against anyone involved in reporting an incident of harassment is strictly prohibited. Conversely, we consider filing knowingly false reports of harassment a violation of this policy.
   (F)   Retaliation. The town’s policy prohibits retaliation against any employee by another employee or by the town itself for using this complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by a federal, or state enforcement agency. Prohibited retaliation includes, but is not limited to, demotion, suspension, failure to make employment recommendations impartially, adversely affecting working conditions, or otherwise denying any employment benefit.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.107 EMPLOYEE PERFORMANCE MANAGEMENT.
   (A)   As a part of their performance management responsibilities, the town’s management personnel are accountable for informing employees of performance and/or behavior which is in need of improvement. The purpose for such counseling is to create a mutual understanding of performance and conduct expectations, to develop and improve performance or conduct which is not meeting expectations, and to delineate consequences for those, employees who do not achieve minimum acceptable standards for performance or conduct.
   (B)   The Town of Sellersburg utilizes a progressive discipline policy. Outlined below are the steps of the town’s progressive discipline policy and procedure. The Town of Sellersburg reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense.
      (1)   Step One: counseling and documented warning. The first step creates and opportunity for the employee’s immediate supervisor to schedule a meeting with the employee and bring any existing performance, conduct or attendance issue to their attention. The supervisor will discuss the nature of the problem or violation of the town’s policies and/or procedures. The supervisor is expected to clearly describe expectations and steps the employee must take to improve performance or resolve the problem. This meeting will be documented and signed by both the employee and supervisor.
      (2)   Step Two A: final written warning.
         (a)   Although the town hopes that the employee will promptly correct any performance, conduct or attendance issues that were identified in Step One, the town recognizes that this may not always occur. The Step Two written warning involves more formal documentation of the performance, conduct or attendance issues and consequences.
         (b)   During Step Two, the immediate supervisor will meet with the employee to review any additional incidents or information about the performance, conduct or attendance issues as well as any prior relevant corrective action plans. Management will outline the consequences for the employee of his or her continued failure to meet performance or conduct expectations.
         (c)   A formal performance improvement plan (PIP) requiring the employee’s immediate and sustained corrective action will be issued. The PIP will include a statement warning the employee that failure to meet and maintain the expectations of the plan will result in further disciplinary action, up to and including termination.
      (3)   Step Two B: suspension.
         (a)   There may be performance, conduct or safety incidents so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. When immediate action is necessary to ensure the safety of the employee or others, the immediate supervisor may suspend the employee pending the results of an investigation.
         (b)   Suspensions that are recommended as part of the normal progression of this progressive discipline policy and procedure are subject to approval from a next-level manager and HR.
         (c)   Depending on the seriousness of the infraction, the employee may be suspended without pay in full day increments consistent with federal, state and local wage-and-hour employment laws. Nonexempt/hourly employees may not substitute or use an accrued paid vacation or sick day in lieu of the unpaid suspension. Due to Fair Labor Standards Act (FLSA) compliance issues, unpaid suspension of salaried/exempt employees is reserved for serious workplace safety or conduct issues. HR will provide guidance so that the discipline is administered without jeopardizing the FLSA exemption status.
         (d)   Pay may be restored to the employee if an investigation of the incident or infraction absolves the employee.
      (4)   Step Three: recommendation for termination of employment.
         (a)   The last and most crucial step in the progressive discipline procedure is a recommendation to terminate employment. Generally, the town will try to exercise the progressive nature of this policy by first providing warnings, a final written warning or suspension from the workplace before proceeding to a recommendation to terminate employment. However, the Town of Sellersburg reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.
         (b)   For the welfare of the town, the Town Manager shall be notified and involved in all matters related to the discipline, suspension, termination, or transfer of town employees. The Town Manager shall remove heads of departments with advice and consent of the Town Council as dictated by state statute.
         (c)   There are some behaviors that are considered so extreme by the town that a violation may result in immediate termination:
            1.   Willful misconduct/dishonesty or a flagrant violation of the town’s policy;
            2.   Harassment of any employee, customer, vendor, or any other individual as defined by the harassment policy;
            3.   Intentionally giving false or misleading information as a means of obtaining employment;
            4.   Deliberate destruction or defacing of town property through abuse, indifference, neglect or carelessness;
            5.   Violation of the town’s drug and alcohol-free workplace policy;
            6.   Theft, unauthorized use or removal of town property or property of any town employee customer or vendor;
            7.   Unauthorized disclosure of any confidential information pertaining to the town or its employees;
            8.   Fighting on town premises or threatening the life or well-being of another individual;
            9.   Possession of firearms or other dangerous weapons on town property, unless authorized;
            10.   Gross insubordination or refusal to complete duties as required by your supervisor;
            11.   Falsification of work hours or any other town documents;
            12.   Verbal and/or physical abuse of any person while on town property; and
            13.   Illegal acts on town premises or during working time.
         (d)   This list is not all inclusive and the town reserves the right to terminate employees on an at-will basis unless otherwise prohibited by federal, state or local law.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.108 PROBLEM SOLVING PROCEDURE.
   (A)   The town encourages employees to address and discuss any work-related problems with their immediate supervisor. Every reasonable effort should be made by both the employee and the supervisor to resolve work related problems. If a resolution is not reached, the employee may use the town’s problem-solving procedure.
   (B)   This procedure has been established as a guide for resolution to work related problems. If the problem continues to exist after undertaking the actions below, the formal problem-solving procedure is invoked. While a complaint/concern is being resolved, employees will have the obligation to continue to work and not engage in work stoppages, slowdowns or other such actions. The system is designed to function without interrupting or downgrading the quality or delivery of patient care services. Supervisory staff is responsible for ensuring that the problem is fully processed until the employee is either satisfied with the answer or has exhausted the problem-solving procedure.
   (C)   Formal problem-solving procedure.
      (1)   After discussing the problem or concern with their direct supervisor, an employee is expected to document their grievance and submit it in writing to the next person in the chain of command. If the employee is not satisfied with the next response, they must continue up the chain of command. The Town of Sellersburg chain of command is as follows:
         (a)   Supervisor;
         (b)   Department head;
         (c)   Town Manager/Police Chief;
         (d)   Town Council.
      (2)   Management will not in any way discriminate or retaliate against an employee who exercises procedures of this policy. Furthermore, management will not discriminate or retaliate against an employee who assists in the investigation or presentation of complaints or concerns filed according to this policy.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.109 EMERGENCY WEATHER.
   (A)   In the event of emergency weather conditions, we ask you to use sound judgement in assessing your individual situation and in making decision regarding leaving work early, arriving late or staying home rather than attempting to reach work.
   (B)   If Clark County or the county in which you live declares a weather emergency, the town will compensate you for your scheduled work hours. If you miss work and Clark County or the county in which you live has not declared a weather emergency, you will be required to use PTO to cover the absence.
   (C)   When making decisions regarding severe weather conditions, employees must follow the general attendance policy.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.110 SMOKING.
    The use of tobacco products and electronic cigarettes is strictly prohibited in all facilities owned by the Town of Sellersburg. Any employee wishing to designate a working area a non-smoking area may submit the request in writing to the Town Council.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.111 MEDIA INQUIRIES.
   Employees must refer all inquiries for information from the news media to the Town Manager. Unless authorized to do so, employees must not speak on behalf of the town. Employees must remember that they represent the town and serve as an ambassador to the community and speak accordingly.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.112 SECURITY INSPECTIONS AND RIGHT TO SEARCH.
   (A)   The Town of Sellersburg wishes to maintain a work environment that is free from illegal drugs, alcohol, firearms, explosives, or other dangerous materials. The town requires the cooperation of all employees in administering this policy. An employee’s refusal to cooperate in a search, inspection or investigation will result in further disciplinary action, up to and including termination.
   (B)   Desks, lockers, and other storage devices may be provided for the conveniences of employees but remain the sole property of the town. Accordingly, any agent or representative of the town can inspect them, as well as any articles found within them, at any time, either with or without prior notice. A minimum of two town representatives will be present to conduct and record details of the search.
   (C)   The town likewise wishes to discourage theft or unauthorized possession of the property of employees, visitors, and residents. To facilitate enforcement of this policy, the Town of Sellersburg or its representative may inspect not only desks and lockers, but also any packages or other belongings. Any employee who wishes to avoid inspection of any articles or materials should not bring such items onto company premises.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.113 WORKPLACE VIOLENCE.
   The Town of Sellersburg supports an environment that is safe and free from violence for all employees, residents, and vendors. To achieve this goal, employees may not possess or carry firearms, knives, or any other weapons on town property or while conducting town business unless authorized by the Town Manager, Chief of Police, or the Town Council. If an employee is found possessing or carrying such an item on town property or while conducting town business, they will be subject to disciplinary action, up to and including termination.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.114 SAFETY AND SECURITY.
   (A)   The Town of Sellersburg is committed to employee safety and to protecting employees from accidents. The town and all employees have a responsibility to drive and work safely at all times. This policy was created to promote and ensure the safe conduct of town operations for the benefit of all employees and residents.
   (B)   Employees must make safety the first consideration when conducting town operations.
   (C)   Employees must demonstrate a continuous awareness of safety considerations as an integral part of achieving accident prevention and efficient productivity.
   (D)   The town will provide proper tools and materials, equipment, and facilities, as well as sufficient training for a safe work environment. Employees must understand and observe all town rules and safety regulations.
   (E)   Accident reporting. Following any accident, an employee is required to contact your department head as soon as possible. If your department head is not available, you must follow the chain of command for communication until someone is contacted. Accident reporting must not be delayed because the department head is unavailable.
   (F)   Universal precautions.
      (1)   Employees in certain departments may face occupational exposure to blood, bloodborne pathogens, or infectious material. The town will observe universal precautions to prevent contact with infectious material, and all such material will be considered infectious regardless of the source of the material being known. Notify your supervisor or department head if you are exposed.
      (2)   To ensure the safety of our employees, the town has created the following guidelines:
         (a)   Employees must wear protective equipment (gloves, goggles, face guards, and the like) at all times when potential exposure exists.
         (b)   Do not compress trash in waste cans. The trash may contain needles or sharp objects exposed to infectious materials and those items may burst during compression.
         (c)   Examine trash bags prior to handling them to identify leaks, liquid substances, or sharp objects.
         (d)   Do not reuse any protective equipment except for approved gloves that can be properly disinfected and cleaned.
         (e)   Utilize proper handwashing techniques often and frequently. Handwashing facilities are available to employees who incur exposure.
         (f)   Wastewater employees: do not use your hands to clean out impellers or pumps where sharp objects may be lodged. Utilize the proper tools to clean, disassemble, and remove the objects. Use caution when shoveling out pits and tanks as infectious materials could be present in the sludge.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.115 USE OF TOWN PROPERTY AND VEHICLES.
   (A)   The Town of Sellersburg’s facilities, equipment and property are to be used for business purposes only. Employees are responsible for equipment while it is in their possession, and any malfunction, damage or theft of property should be immediately reported to their department head. Employees may be responsible for costs associated with any damage or loss caused by abuse and/or carelessness.
   (B)   Town vehicles.
      (1)   Town owned vehicles are assigned to employees based on business need. Any employee using a town vehicle is expected to keep the interior clean. These vehicles are to be used for town business only, except during the commute to and from the employee’s home. Only employee’s authorized by their department head and/or the Town Council may take home a town vehicle.
      (2)   Certain take-home vehicles are considered taxable fringe benefits and the commuting or lease value of the vehicle will be included in the employee’s wages for tax purposes. The town will comply with all relevant tax laws and regulations regarding take-home vehicles.
   (C)   Commuting. Take-home vehicles may be assigned to employees for use during town business due to the nature of the employee’s position. This is generally considered a fringe benefit and is taxable. All use of the vehicle that is not for the benefit of the town constitutes personal use and is prohibited except where personal use is minimal.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.116 SOCIAL NETWORKING.
   (A)   The Town of Sellersburg understands that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media.
   (B)   SOCIAL MEDIA includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether associated or affiliated with the town, as well as any other form of electronic communication. The town encourages you to ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.
   (C)   Employees are expected to post only appropriate and respectful content. The following list provides recommended guidelines when using social media:
      (1)   Maintain the confidentiality of the Town of Sellersburg and private or confidential information. Trade secrets may include information regarding the development of systems, processes, products, know-how and technology. Do not post internal reports, policies, procedures or other internal town-related confidential communications.
      (2)   Do not create a link from your blog, website or other social networking site to a town website without identifying yourself as a Town of Sellersburg employee.
      (3)   Express only your individual opinions. Never represent yourself as a spokesperson for the town. If the town is a subject of the content you are creating, be clear and open about the fact that you are an employee and make it clear that your views do not represent those of the town, fellow associates, residents, customers, suppliers or people working on behalf of the town. If you do publish a blog or post online related to the work you do or subjects associated with the town, make it clear that you are not speaking on behalf of the town. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of the Town of Sellersburg.”
   (D)   The town prohibits taking negative action against any employee for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.117 PERSONAL TELEPHONE CALLS.
    The town reserves the right to monitor all telephone communications, utilizing the town’s telephones. All telephone communications are the property of the town. Employees have no right of privacy or confidentiality regarding any telephone messages or communications. The town reserves and intends to exercise the right to review, audit, intercept, access and disclose all messages created, received or sent over the telephone system for any purpose. Personal calls must be kept to a minimum and be limited to calls of an urgent or emergency nature only. Cellular phone calls are disruptive to the work environment and must be kept to a minimum during work time. Personal long-distance calls may not be charged to the town. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.118 COMPUTER USAGE AND ELECTRONIC COMMUNICATION.
   (A)   The electronic communication systems, internet service and the computer hardware and software owned or leased by the Town of Sellersburg are to be used for business purposes only. Any message, file or information transmitted or stored on these systems is not considered private and may be seen by other individuals. Employees who use the town’s computers and network resources must protect them and the information stored on them.
   (B)   Software license and copyright. The town will purchase and distribute software in compliance with license and copyright law. All employees are responsible for complying with the license and copyright provisions of the software they use. Only the department head can approve the installation of software. The department head issuing the software will restrict access to only the appropriate number of licensed users. Employees must not download to their computer any software without permission from the Town Manager.
   (C)   Personal use. As a rule, all town property, including computers is for town use only. Personal use should be minimal and must not interfere with town business or work processes. Employees should not use town property for personal use without approval of his or her department head or the Town Manager.
   (D)   Internet access.
      (1)   The town will determine which employees will have internet access and will set up privileges accordingly. Internet access is for business needs only and is not a fringe benefit. Under no circumstances should an employee access any web site that may be offensive or otherwise contain inappropriate material. All connections to the internet must pass through the town’s firewall for security purposes.
      (2)   The town reserves the right to block access to specific web pages. To help protect against viruses, employees should download files from the internet only with department head approval.
   (E)   Electronic mail (e-mail).
      (1)   Electronic mail is provided to assist in conducting company business and not for personal use. All messages conveyed on either system are the property of the town and should not contain language that may be considered offensive, discriminatory, or abusive to any employee. Employees have no expectation of privacy in any e-mail messages made using town technology or directed toward town addresses. Authorizing another person or organization to use your computer accounts or the Town of Sellersburg network is strictly prohibited. Communicating or using any password, personal identification number, credit card number or other personal or financial information without the permission of its owner is prohibited.
      (2)   The use of the town e-mail system is primarily for business purposes only. Limited personal use of e-mail may be allowed but must be on the user’s own time and is not to interfere with his/her job responsibilities.
(Ord. 2021-OR-031, passed 11-22-21)
§ 34.119 TOWN CELLULAR PHONES.
   (A)   Employees who use cell phones provided to them by the Town of Sellersburg must follow the town policy for use of these devices during working time. Within guidelines, employees may be reimbursed for certain expenses associated with work-related use of cell phones.
   (B)   While at work, employees are expected to exercise the same discretion in using personal cell phones as is expected for the use of town phones. Personal phone calls must be kept to a minimum and made during non-work time where possible. Cell phones must be turned off or set to silent or vibrate mode during meetings/conferences and in other locations where incoming calls may disrupt normal workflow.
   (C)   All employees are expected to always follow applicable state or federal laws or regulations regarding the use of cell phones. Employees whose job responsibilities include regular or occasional driving are expected to refrain from using their cell phone while driving. There is never a business reason that requires an employee to text or use a phone while driving.
(Ord. 2021-OR-031, passed 11-22-21)
CHAPTER 35: FUNDS; FINANCES
Section
Funds
   35.01   Utility Cash Reserve Fund
   35.02   Cumulative Capital Development Fund
   35.03   Cash Reserve Fund
   35.04   Petty Cash Fund
   35.05   Accident Report Account
   35.06   Sellersburg Promotional Fund
   35.07   Local Road and Street Fund
   35.08   Motor Vehicle Highway Fund
   35.09   Special Vehicle Inspection Fund
   35.10   Rainy Day Fund
   35.11   Parks Department Petty Cash Fund
   35.12   Town Court Cash Change Fund
   35.13   Unsafe Building Fund
   35.14   Continuation of other funds
   35.15   Beautification Fund
   35.16   Wilkerson Park Memorial Fund
   35.17   Retainage Escrow Account for public works contracts
   35.18   Promotion Fund
   35.19   Wastewater Tap Fee Fund
   35.20   Wastewater Expansion Fund
   35.21   Parks Donation Fund
   35.22   Police Vehicle Lease Fund
   35.23   Storm Water Planning Grant Fund
   35.24   Planning and Zoning Fund 270
   35.25   Sellersburg Police Christmas for Kids Fund
   35.26   Indiana Office of Community Rural Affairs Fund
   35.27   Tax Increment Finance District Fund
   35.28   Clerk-Treasurer Attorney Fund
   35.29   LOIT Special Distribution Fund 257
   35.30   American Rescue Plan Act Fund
   35.31   Community Investor and Sponsorship Fund
Tax Abatement
   35.34   Economic revitalization areas
Purchasing Rules and Policies
   35.35   Bids and proposals
   35.36   Cancellation of solicitation
   35.37   Small purchases
   35.38   Purchasing agency
   35.39   Protection of offers; status of documents as public records
   35.40   Discussions with offerors responding to request for proposals
   35.41   Delay of opening of offers
   35.42   Evidence of financial responsibility
   35.43   Use of request for proposals (RFP) for purchase of designated types of supplies
   35.44   Modification and termination of contracts
   35.45   Small business set-aside purchases
   35.46   Country of origin of purchases
Capital Asset Policy
   35.60   General information
   35.61   Definition of capital assets
   35.62   Valuation of capital assets
   35.63   Asset definitions by major category
   35.64   Depreciation methods
   35.65   Capital asset acquisitions
   35.66   Asset transfers and dispositions
   35.67   Periodic inventories
   35.68   Responsibilities of Clerk-Treasurer's office
   35.69   Responsibilities of department managers
Credit Card Purchases
   35.80   Credit card purchases
Internal Control Standards
   35.90   Internal control standards
Document Fees
   35.100   Fees for copies of public records
Public Work Contracts
   35.110   Definition
   35.111   Application; process
   35.112   Authority
Cross-reference:
   Police funds, see §§ 36.20 et seq.
   Sewer funds, see §§ 53.095 et seq.
   Abandoned Vehicle Fund, see §§ 90.26, 90.27
FUNDS
§ 35.01 UTILITY CASH RESERVE FUND.
   The Council ordains the Utility Cash Reserve Fund shall be and hereby is created for the purpose of depositing all surplus earnings of the utility.
(`93 Code, § 2-115) (Am. Ord. 98-703, passed 11-23-98)
§ 35.02 CUMULATIVE CAPITAL DEVELOPMENT FUND.
   (A)   The proper legal offices of the town after complying with the statutes pertaining to the establishment of a cumulative fund, establishes the Cumulative Fund, pursuant to I.C. 36-9-15.5. An ad valorem property tax levy will be imposed and the revenues from the levy will be retained in the town's Cumulative Capital Development Fund.
   (B)   This Fund is to be used for any one or all purposes for which property taxes may be imposed within the municipality under the authority of:
      (1)   I.C. 8-16-3-1, authorizing any and all improvements to the railroad grade crossings;
      (2)   I.C. 8-22-3-25b, establishing the Cumulative Building Fund;
      (3)   I.C. 14-32-5-1 et seq., authorizing soil and land conservation;
      (4)   I.C. 16-23-1-40, authorizing the Cumulative Hospital Building Fund;
      (5)   I.C. 36-8-14, authorizing the Cumulative Firefighting Building and Equipment Fund;
      (6)   I.C. 36-9-4-486, authorizing the Cumulative Transportation Fund;
      (7)   I.C. 36-9-16-3:
         (a)   To acquire land or rights-of-way to be used for public ways or sidewalks;
         (b)   To construct and maintain public ways or sidewalks;
         (c)   To acquire land or rights-of-way for the construction of sanitary or storm sewers, or both;
         (d)   To construct and maintain sanitary or storm sewers or both;
         (e)   To acquire, by purchase or lease, or to pay all or part of the purchase price of a utility;
         (f)   To purchase or lease land, buildings or rights-of-way for the use of any utility that is acquired or operated by the town;
         (g)   To purchase or acquire land, with or without buildings, for park or recreation purposes;
         (h)   To purchase, lease or pay all or part of the purchase price of motor vehicles for the use of any combination of the police, a community corrections program, or the fire department, including ambulances and firefighting vehicles with the necessary equipment, ladders and hoses.
         (i)   To retire in whole or in part any general obligation bonds of the unit that were issued for the purpose of acquiring or constructing improvements or properties that would qualify for the use of cumulative capital improvement funds;
         (j)   To purchase or lease equipment or nonconsumable property needed by the unit for any public transportation use; and
         (k)   To purchase or lease equipment to be used to illuminate public ways or sidewalks.
      (8)   I.C. 36-9-16.5, authorizing the Cumulative Street Fund;
      (9)   I.C. 36-9-17, authorizing the General Improvement Fund;
      (10)   I.C. 36-9-26, authorizing the Cum- ulative Building Fund for Sewers;
      (11)    I.C. 36-9-27-99, authorizing the Cum- ulative Drainage Fund;
      (12)    I.C. 36-10-3-21b, authorizing the Cum- ulative Building Fund; or
      (13)   I.C. 36-10-4-36b, authorizing the Cum- ulative Building and Sinking Fund.
   (C)   Pursuant to I.C. 36-9-15.5-8, these funds may also be used to protect the public health, welfare or safety of the town or its members in an emergency situation that demands immediate action or to make a contribution to an authority established under I.C. 36-7-23.
   (D)   The town adopts an ad valorem property tax levy as set by Council each year.
   (E)   This section for establishing a Cumulative Capital Development Fund and a tax levy for same is approved and adopted yearly. This fund takes effect upon approval of the State Board of Tax Commissioners.
(`93 Code, § 2-116) (Ord. 512, passed 10-28-91; Am. Ord. 95-617, passed 4-24-95; Am. Ord. 2001-002, passed 3-12-01)
§ 35.03 CASH RESERVE FUND.
   (A)   A Cash Reserve Fund is established which allows for the transfer of surplus earnings of a municipally-owned utility or utilities to the town's general fund, and the Cash Reserve Fund shall be carried on the records of the utility or utilities by providing for monthly contributions or transfers to the Cash Reserve Fund of surplus earnings of the utility or utilities.
   (B)   Surplus earnings are defined as those cash earnings remaining after provision has been made to take care of current obligations, including:
      (1)   Operating expense;
      (2)   Depreciation or Replacement Fund;
      (3)   Bond and Interest Sinking Fund;
      (4)   Retirement Fund; or
      (5)   Any other priority fund requirement fixed by law.
   (C)   The Cash Reserve Fund also may be used to make loans between municipally-owned utilities for periods not to exceed five years, and at any interest rate, with the repayment of principal and interest, if any, of the loan, being made and returned to the Cash Reserve Fund.
   (D)   I.C. 8-1.5-3-11, or any successor statute, governs the management of this Fund in all other respects.
(`93 Code, § 2-118) (Ord. 388, passed 5-24-84)
Cross-reference:
   Sewer Funds, see §§ 53.095 et seq.
§ 35.04 PETTY CASH FUND.
   (A)   There is established for the town a Petty Cash Fund which shall be administered and maintained by the Town Court.
   (B)   The amount of $150 shall be maintained in the Petty Cash Fund.
(Ord. 2000-2, passed 1-10-00; Am. Ord. 2004-005, passed 2-9-04)
§ 35.05 ACCIDENT REPORT ACCOUNT.
   Fees for accident reports shall be deposited in a separate account known as the Accident Report Account. It may be expended at the discretion of the chief administrative officer of the Department for any Department purpose reasonably related to the keeping of accident reports and records or the prevention of street and highway accidents.
(`93 Code, § 2-120) (Ord. 345, passed 7-13-81)
Cross-reference:
   Accident report fees, see § 36.30
§ 35.06 SELLERSBURG PROMOTIONAL FUND.
   (A)   A fund shall be, and is hereby, established and shall be known as the Sellersburg Promotional Fund.
   (B)   The Town Council is authorized to budget and appropriate funds from the general fund, the Sellersburg Promotional Fund or from other funds to be expended to pay for, but not necessarily limited to the following:
      (1)   To provide membership for the town and the elected and appointed officials and members of the town's boards, councils, departments or agencies in local, regional, state and national associations of a civic, educational or governmental nature which have as their purpose the betterment and improvement of municipal operations;
      (2)   Direct expenses for travel, meals and lodging in conjunction with municipal business or meetings of organizations or associations to which the town belongs; and
      (3)   Expenses incurred in the promotion of economic or industrial development and/or tourism for the town, including meeting room rental, decorations, meals and travel.
(`93 Code, § 2-121) (Ord. 358, passed 3-22-82)
§ 35.07 LOCAL ROAD AND STREET FUND.
   The Local Road and Street Fund (LRS) is continued for the purpose of receiving applicable state funds and for expenditures permitted by statute.
(`93 Code, § 2-122)
Statutory reference:
   State Highway, Road and Street Fund, see I.C. 8-14-2-21 et seq.
§ 35.08 MOTOR VEHICLE HIGHWAY FUND.
   The Motor Vehicle Highway Fund is continued for the purposes of receiving applicable state funds and for the expenditures permitted by statute.
(`93 Code, § 2-123)
Statutory reference:
   State Motor Vehicle Highway Account, see I.C. 8-14-1-1 et seq.
§ 35.09 SPECIAL VEHICLE INSPECTION FUND.
   The Special Vehicle Inspection Fund to receive monies, as addressed herein, is established.
(`93 Code, § 2-124)
§ 35.10 RAINY DAY FUND.
   (A)   Creation. There is hereby established a Rainy Day Fund to receive transfers of unused and unencumbered funds raised by a general or specific tax levy on taxable property within the town whenever the purpose of such tax levy has been fulfilled and an unused and unencumbered balance remains.
   (B)   Purposes. The funds on deposit in the Rainy Day Fund may be used for the operation of the town and its various departments, when the town does not have sufficient levies or funds to pay such costs, including, but not limited to, salaries, wages, costs of services, supplies, equipment, capital improvements, repairs and similar expenditures.
   (C)   Transfer to Fund. On or before December 31 of each year, the Town Council shall determine the amount, if any, of any unused and unencumbered funds available to be transferred to the Rainy Day Fund, which transfer may not exceed more than 10% of the town’s total budget for that fiscal year.
   (D)   Appropriations. The Town Council may authorize the expenditure of funds from the Rainy Day Fund by appropriations made in the same manner as other funds are appropriated that receive tax monies, upon making a finding that the proposed use of the funds is consistent with the intent of the fund.
(Ord. 2007-004, passed 2-12-07)
§ 35.11 PARKS DEPARTMENT PETTY CASH FUND.
   There is hereby established for the Sellersburg Parks Department a petty cash fund in the amount of $300.
(Ord. 2000-011, passed 7-10-00; Am. Ord. 2006-108, passed 6-12-06; Am. Ord. 2007-012, passed 6-11-07)
§ 35.12 TOWN COURT CASH CHANGE FUND.
   Pursuant to I.C. 36-1-8-2 there shall be established a Town Court Cash Change Fund. All provisions of I.C. 36-1-8-2 shall apply to the establishment and use of said fund.
(Ord. 2002-006, passed 3-11-02; Am. Ord. 2006-017, passed 5-22-06)
Editor's Note:
   Pursuant to Ordinance 2010-001, passed January 11, 2010, the Town Court shall be abolished effective December 31, 2011.
§ 35.13 UNSAFE BUILDING FUND.
   An Unsafe Building Fund is hereby established in the operating budget of the town.
(Ord. 2002-013, passed 10-14-02)
§ 35.14 CONTINUATION OF OTHER FUNDS.
   The following funds are continued in effect. Each fund shall be funded and operated in accordance with all statutory requirements.
   (A)   Cumulative Capital Improvement Fund;
   (B)   General Fund;
   (C)   Debt Service; and
   (D)   Park.
(`93 Code, § 2-125)
§ 35.15 BEAUTIFICATION FUND.
   (A)   Fund 301 - Beautification Fund is hereby established and shall be a non-reverting fund. The fund will be supported by donations and Town Council transfers when this Council deems necessary.
   (B)   The Beautification Committee shall have the discretion and authority to expend the monies of said fund to service and improve the quality of life and appearance of the town, which shall include, but not be limited to, landscaping, planning, benches, artwork, lighting, etc.
   (C)   The Beautification Committee shall be a five member committee made up of the following members:
      (1)   A member of the Town Council;
      (2)   Clerk-Treasurer;
      (3)   A member of the Main Street Sellersburg, LLC (a non-profit organization) who shall not be an elected official or town employee of the town; and
      (4)   Two citizens of the town.
(Ord. 2019-OR-014, passed 6-24-19)
§ 35.16 WILKERSON PARK MEMORIAL FUND.
   (A)   "Wilkerson Park Memorial Fund" is hereby established.
   (B)   The monies shall be expended by this Council only for the purpose of erecting monument(s) for the War Against Terrorism.
(Ord. 2015-002, passed 4-27-15)
§ 35.17 RETAINAGE ESCROW ACCOUNT FOR PUBLIC WORKS CONTRACTS.
   (A)   There is hereby created a Retainage Escrow Account for Public Works Contracts.
   (B)   The Retainage Escrow Account for Public Works Contracts shall be used for all purposes provided by I.C. 36-1-2 et seq.
   (C)   The Clerk-Treasurer is hereby directed to establish and maintain a Retainage Escrow Account for Public Works Contracts as authorized by I.C. 36-1-12 et seq.
(Ord. 2006-019, passed 7-10-06)
§ 35.18 PROMOTION FUND.
   (A)   The "Promotion Fund" for the Parks and Recreation Board is hereby established.
   (B)   The Parks and Recreation Board shall have the discretion and authority to appropriate monies of said fund to promote the town by and through organizations benefitting the town.
Ord. 2016-010, passed 6-27-16)
§ 35.19 WASTEWATER TAP FEE FUND.
   There is hereby established a Wastewater Tap Fee Fund which shall be maintained and administered by the Clerk-Treasurer.
(Ord. 2007-025, passed 9-24-07)
§ 35.20 WASTEWATER EXPANSION FUND.
   There is hereby established a Wastewater Expansion Fund which shall be maintained and administered by the Clerk-Treasurer.
(Ord. 2007-025, passed 9-24-07)
§ 35.21 PARKS DONATION FUND.
   There is hereby established a Parks Donation Fund which shall be maintained and administered by the Clerk-Treasurer.
(Ord. 2007-025, passed 9-24-07)
§ 35.22 POLICE VEHICLE LEASE FUND.
   There is hereby created a Police Vehicle Lease Fund for the purpose of making payment for new police vehicles. The Fund shall be a non-reverting fund.
(Ord. 2007-028, passed 11-12-07)
§ 35.23 STORM WATER PLANNING GRANT FUND.
   There hereby is established a Storm Water Planning Grant Fund to receive money to pay for engineering expenses associated with storm water improvements and maintenance. The Fund shall be a non-reverting fund.
(Ord. 2008-024, passed 8-11-08)
§ 35.24 PLANNING AND ZONING FUND 270.
   (A)   Fund 270 - Planning and Zoning Fund is hereby established and shall be a non- reverting fund. The fund will be supported by the fees collected from the planning and zoning departments, the Building Commissioner, ordinance violation penalties and transfers of the Town Council as this Council deems necessary.
   (B)   This Council and Town Manager shall have the discretion and authority to use the monies of said fund, without limitation, provided the expenditure adheres to the laws of Indiana and is related to the planning and zoning departments of the town, which includes but is not limited to, employee salaries, professional services, equipment, vehicles, computer software, subscriptions, etc.
(Ord. 2020-OR-035, passed 12-14-20)
§ 35.25 SELLERSBURG POLICE CHRISTMAS FOR KIDS FUND.
   There is hereby established a Sellersburg Police Christmas for Kids Fund in which all monies that are raised and/or generated for the Sellersburg Police Christmas for Kids program shall be deposited and distributions made therefrom.
(Ord. 2009-015, passed 6-8-09; Am. Ord. 2010-017, passed 9-27-10)
§ 35.26 INDIANA OFFICE OF COMMUNITY RURAL AFFAIRS FUND.
   There is hereby established the Indiana Office of Community Rural Affairs (IOCRA) Fund for the purposes set forth in the ordinance codified herein.
(Ord. 2011-006, passed 2-14-11)
§ 35.27 TAX INCREMENT FINANCE DISTRICT FUND.
   The town shall create a Tax Increment Finance District Fund (T.I.F. Fund) for purposes of receiving tax increment finance revenue and transfers from the county economic development income tax. All disbursements from the fund shall be made pursuant to Indiana Code as further set forth in the ordinance codified herein.
(Ord. 2011-019, passed 9-12-11)
§ 35.28 CLERK-TREASURER ATTORNEY FUND.
   The “Clerk-Treasurer Attorney Fund” is hereby established.
(Ord. 2016-009, passed 5-23-16)
§ 35.29 LOIT SPECIAL DISTRIBUTION FUND 257.
   (A)   The "LOIT Special Distribution Fund 257" is hereby established.
   (B)   Per I.C. § 6-3.6-9-17(h), the $362,776.82 shall be expended only upon an appropriation by the town's fiscal body as follows:
      (1)   At least 75% of the special distribution must be:
         (a)   Used exclusively by the town for:
            1.   Engineering, land acquisition, construction, resurfacing, maintenance, restoration or rehabilitation of both local and arterial road and street systems;
            2.   The payment of principal and interest on bonds sold primarily to finance road, street, or thoroughfares projects;
            3.   Any local costs required to undertake a recreational or reservoir road project under I.C. 8-23-5;
            4.   The purchase, rental, or repair of highway equipment;
            5.   Providing a match for a grant from the local road and bridge matching grant fund under I.C. 8-23-30; or
            6.   Capital projects for aviation related property or facilities, including capital projects of a board of aviation commissioners established under I.C. 8-22-2 or an airport authority established under I.C. 8-22-3-1.
         (b)   Deposited in the town's rainy day fund established under I.C. 36-1-8-5.1. The money deposited in a rainy day fund under this clause may not be appropriated from the rainy day fund or transferred to another fund under I.C. 36-1-8-5.1 (g), unless the money will be used exclusively for purposes set for in division (B)(1)(a)
      (2)   The remaining part of the special distribution may be used by the town for any of the purposes of the town.
(Ord. 2016-011, passed 6-27-16)
§ 35.30 AMERICAN RESCUE PLAN ACT FUND.
   (A)   The American Rescue Plan Act Fund is hereby established, and the funds shall only be expended in a manner consistent with Indiana and federal laws and upon approval by this Council.
   (B)   In compliance with the Indiana State Board of Accounts, funds received through the ARP shall only be used for the following:
      (1)   To respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel and hospitality;
      (2)   To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the town that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;
      (3)   For the provision of government services to the extent of the reduction in revenue of the city due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the city and prior to the emergency; and
      (4)   To make necessary investments in water, sewer, or broadband infrastructure.
(Ord. 2021-OR-016, passed 6-14-21; Am. Ord. 2021-OR-021, passed 8-9-21)
§ 35.31 COMMUNITY INVESTOR AND SPONSORSHIP FUND.
   (A)   The Community Investor and Sponsorship Fund is hereby established.
   (B)   The intent of the fund is to use sponsorship donations by and from companies that support the Town of Sellersburg, Indiana for community events, including but not limited to, fireworks, parades, and other neighborhood events or activities that are open to the public.
(Ord. 2021-OR-029, passed 10-11-21)
TAX ABATEMENT
§ 35.34 ECONOMIC REVITALIZATION AREAS.
   Proper resolutions adopted by the Town Council will be required for all personal and real property tax abatement requests.
(`93 Code, § 4-64)
Cross-reference:
   Economic Revitalization Areas, see T.S.O. IV
PURCHASING RULES AND POLICIES
§ 35.35 BIDS AND PROPOSALS.
   (A)   Invitation for bids.  
      (1)   All notices of invitation for bids shall be published in accordance with I.C. 5-3-1 in the Jeffersonville Evening News and posted at the Sellersburg Town Hall.
      (2)   The Clerk-Treasurer shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of bids. The notice will be published two times, at least one week apart. The second publication must occur at least ten days prior to the date the bids will be opened.
   (B)   Request for proposals. 
      (1)   All requests for proposals shall be published in accordance with I.C. 5-3-1 in the Jeffersonville Evening News and posted at the Sellersburg Town Hall.
      (2)   The Clerk-Treasurer shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of proposals. The notice will be published two times, at least one week apart. The second publication must occur at least ten days prior to the date the bids will be opened.
   (C)   Request for specifications. 
      (1)   All notices of request for specifications shall be published in accordance with I.C. 5-3-1 in the Jeffersonville Evening News and posted at the Sellersburg Town Hall.
      (2)   The Clerk-Treasurer shall schedule the publication of notice to provide a reasonable amount of time for preparation and submission of proposals. The notice will be published two times, at least one week apart. The second publication must occur at least ten days prior to the date the bids will be opened.
   (D)   Electronic notices. Whenever a notice or other material, including specifications, invitation for bids, request for proposal, is sent by mail, the purchasing agent may also send the notice or other material by electronic means, provided that the transmission of the information is at least as efficient as mailing the information.
   (E)   Opening bids.  
      (1)   Bids received in response to an invitation for bids must be opened publicly in the presence of at least one or more witnesses at the time and place designated in the invitation for bids.
      (2)   Proposals received in response to a request for proposals must be opened so as to avoid disclosure of the contents to competing offerors during the process of negotiation.
      (3)   Proposals received in response to a request for specifications may be opened as specified in the request for specifications.
   (F)   Electric receipt of offers.  
      (1)   The purchasing agency may receive electronic offers in response to an invitation to bid, request for proposals or request for specifications.
      (2)   An electronic offer may only be deemed received if:
         (a)   The solicitation includes the procedure for the electronic transmission of the offer; and
         (b)   The purchasing agency receives the offer on a fax machine or other system with a security feature that protects the contents of the electronic offer with the same degree of protection as provided an offer not transmitted electronically.
   (G)   Correction and withdrawal of bids. 
      (1)   An offeror may correct inadvertent errors in a bid up to the time which bids will opened by supplementing the erroneous bid and submitting a revised bid.
      (2)   A bidder may withdraw a bid containing inadvertent errors up to the time which bids will be opened and for a period of not more than 24 hours after the time which the bids were opened.
(Ord. 2001-030, passed 12-10-01)
§ 35.36 CANCELLATION OF SOLICITATION.
   When the purchasing agent makes a writen determination that it is in the town's best interest, the purchasing agent may cancel a solicitation or reject all offers, provided that the solicitaton included information concerning the procedure for cancellation.
(Ord, 2001-030, passed 12-10-01)
§ 35.37 SMALL PURCHASES.
   The purchasing agent may purchase supplies with an estimated cost not to exceed $5,000 on the open market without inviting or receiving quotes.
(Ord. 2001-030, passed 12-10-01)
§ 35.38 PURCHASING AGENCY.
   (A)   The Town Council is hereby designated as the purchasing agency for the town.
   (B)   The purchasing agency shall have all the powers and duties authorized under I.C. 5-22, as may be amended from time to time by law, or supplemented from time to time by ordinance adopted by the Town Council, and policies adopted by the purchasing agency.
   (C)   The purchasing agency shall act as the purchasing agency for every agency, board, office, branch, bureau, commission, council and department of the Town. The Town Council designates the following to act as purchasing agents for the town: the Clerk-Treasurer, the Head of the Parks Department, the Head of the Street Department, the Chief of the Police Department, the Executive Secretary and the Building Commissioner, the manager of the Sewer and Water Facilities, the Town Manager, the Drinking Water Operator, the Water Distribution Operator, the Wastewater Operator/Supervisor, the Utility Billing Coordinator, the MS4 Coordinator, and the Streets and Sanitation Supervisor.
   (D)   The purchasing agent(s) may purchase supplies with an estimated cost of up to $5,000 on the open market without inviting or receiving quotes or bids. If quotes or bids are received a copy therefore should be submitted to the Town Council and Clerk-Treasurer.
   (E)   It is hereby determined that each agency or department of the town may purchase services in whatever manner the purchasing agent determines to be reasonable.
(Ord. 2001-033, passed 12-10-01; Am. Ord. 2017-OR-019, passed 6-26-17; Am. Ord. 2020-OR-007, passed 4-27-20; Am. Ord. 2022-OR-011, passed 6-27-22)
§ 35.39 PROTECTION OF OFFERS; STATUS OF DOCUMENTS AS PUBLIC RECORDS.
   (A)   Protection of offers to opening. The Town Clerk-Treasurer, as purchasing agent under the Act, shall retain all offers received in a secure location prior to the date and time at which offers will be opened in order to prevent disclosure of the contents prior to the opening of the offers.
   (B)   Unobstructed evaluation of offers. After offers have been opened, the purchasing agent shall be responsible for maintaining the offers in such a manner as to permit evaluation of the offers by the persons responsible for evaluating the offers.
   (C)   Public records status of bids. Bids submitted in response to an invitation for bids must be made available for public inspection and copying after the time of the bid opening, unless the bid opening is delayed, as authorized in this ordinance or other statute or ordinance.
   (D)   Register of proposals. The purchasing agent shall prepare a register of proposals for each request for proposals issued which shall contain information concerning the proposals available for public inspection and copying. Proposals may not be disclosed.
(Ord. 2001-034, passed 12-10-01)
§ 35.40 DISCUSSIONS WITH OFFERORS RESPONDING TO REQUEST FOR PROPOSALS.
   The purchasing agent may conduct discussions with, and best and final offers may be obtained from responsible offerors who submit proposals determined to be reasonably susceptible of being selected for a contract award.
(Ord. 2001-034, passed 12-10-01)
§ 35.41 DELAY OF OPENING OF OFFERS.
   When the Town Council makes a written determination that is in the town's best interest, offers may be opened after the time stated in the solicitation. The date, time and place of the rescheduled opening must be announced at the time and place of the originally scheduled opening.
(Ord. 2001-034, passed 12-10-01)
§ 35.42 EVIDENCE OF FINANCIAL RESPONSIBILITY.
   (A)   Purchases less than $25,000. The purchasing agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000.
   (B)   Purchases between $25,000 and $100,000. The solicitation may include a requirement that an offeror provide evidence of financial responsibility. If evidence of financial responsibility is required, the solicitation must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.
   (C)   Purchases over $100,000. The solicitation shall include a requirement that an offeror provide evidence of financial responsibility and must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.
   (D)   Small business set-asides. The purchasing agent may determine that no evidence of financial responsibility shall be required for a small business set-aside purchase.
(Ord. 2001-034, passed 12-10-01)
§ 35.43 USE OF REQUEST FOR PROPOSALS (RFP) FOR PURCHASE OF DESIGNATED TYPES OF SUPPLIES.
   The Town Council determines that it is either not practical or not advantageous to purchase certain types of supplies by sealed competitive bidding, and receiving proposals is the preferred method for purchasing certain types of supplies. The Town Council may designate such in writing.
(Ord. 2001-034, passed 12-10-01)
§ 35.44 MODIFICATION AND TERMINATION OF CONTRACTS.
   (A)   Price adjustments. The Town Council, as purchasing agent, may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included:
      (1)   Price adjustments must be computed by agreement of a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning or performance as possible;
      (2)   Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon;
      (3)   Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
      (4)   Price adjustment must be computed in such other manner as the contracting parties may mutually agree upon; or
      (5)   In the absence of agreements by the parties, price adjustments must be computed by a unilateral determination of the town of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the town of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the town in accordance with applicable ordinances adopted by the town.
   (B)   Adjustments in time of performance. The purchasing agent may include provisions in a purchase contract concerning adjustment for time of performance under the contract.
   (C)   Unilateral rights of the town. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the town, the purchasing agent, or the president of the Town Council, to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
   (D)   Quality variations. The purchasing agent may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
(Ord. 2001-034, passed 12-10-01)
§ 35.45 SMALL BUSINESS SET-ASIDE PURCHASES.
   The Town Council hereby establishes criteria for determining qualifications as a small business and to identify specific supplies for small business set-aside purchases:
   (A)   Qualification. A business qualifies as a small business if it qualifies as a small business under the standards established by the State Department of Commerce.
   (B)   Business not eligible. The following businesses are not eligible for the town's small business set-aside:
      (1)   A wholesale business with average annual sales for the most recently completed fiscal year in excess of $4,000,000.
      (2)   A construction business with average annual receipts for the preceding three fiscal years in excess of $4,000,000.
      (3)   A retail business or a business selling services with annual sales and receipts which exceed $500,000.
      (4)   A manufacturing business which employs more than 100 persons.
   (C)   Specific supplies eligible for small business set-asides. The Purchasing Agency may from time to time designate, in writing, specific supplies which are eligible for small business set-asides.
   (D)   State business preference. An offeror is an Indiana business if it is incorporated in Indiana or registered as a domestic corporation or limited liability company with the Indiana Secretary of State, owned by an Indiana resident or residents, and has its principal place of business and corporate headquarters in the State of Indiana.
(Ord. 2001-032, passed 12-10-01)
§ 35.46 COUNTRY OF ORIGIN OF PURCHASES
   Supplies manufactured in the United States shall be specified for all town purchases and such supplies shall be purchased unless the Town Council determines that:
   (A)   The supplies required are not manufactured in the United States in reasonably available quantities;
   (B)   The prices of the required supplies manufactured in the United States exceed the price of available and comparable supplies manufactured elsewhere by an unreasonable amount;
   (C)   The quality of the needed supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere.
   (D)   The purchase of supplies manufactured in the United States is not in the public interest.
(Ord. 2001-031, passed 12-10-01)
CAPITAL ASSET POLICY
§ 35.60 GENERAL INFORMATION.
   (A)   The Fixed Asset Policy is being issued effective May 1, 2005. The new policy will be referred to as the Capital Asset Policy. This policy is being issued to document the minimum value of capital assets to be reported on our financial reports and to include infrastructure assets. The issuance of a policy document is related to the implementation of a new reporting model, Governmental Accounting Standards Board Statement 34. Statement 34 will require the town to depreciate capital assets. The capital asset threshold will be $5,000. An asset with a value under $5,000 will be expensed in the year purchased. The infrastructure portion of this policy is also effective May 1, 2005.
   (B)   Town Water Utility will follow this same definition of capital assets except any item with a unit cost of $500 or more shall be capitalized. Assets that are not capitalized (items less than $500) are expensed in the year of acquisition. Town Utilities will follow the capitalization guidelines of the Indiana Utility Regulatory Commission.
   (C)   The town has established a capital asset policy in order to provide a higher degree of control over its considerable investment in capital assets, and to be able to demonstrate accountability to its various constituencies: citizens, rate-payers, oversight bodies and regulators.
   (D)   The purpose of establishing a capital policy is fivefold:
      (1)   To safeguard the investments of the citizens, to fix responsibility for the custody of equipment;
      (2)   To fix responsibility for the custody of equipment;
      (3)   To provide a basis for formulating capital asset acquisition, maintenance and retirement policies;
      (4)   To provide data for financial reporting;
      (5)   To demonstrate appropriate stewardship responsibility for public assets.
   (E)   This policy will only serve to classify capital assets, including fixed and infrastructure, for accuracy in financial reporting through the Indiana State Board of Accounts. It does not include data processing, programming requirements, or computer operations procedures.
(Ord. 2005-014, passed 5-9-05)
§ 35.61 DEFINITION OF CAPITAL ASSETS.
   (A)   Capital assets include: land, land improvements, including monuments, buildings, building improvements, construction in progress, machinery and equipment, vehicles and infrastructure. All land will be capitalized but not depreciated. All items with a useful life of more than one year, having a unit cost of $5,000 or more shall be capitalized (including acquisitions by lease-purchase agreements and donated items). A capital asset meeting the criteria will be reported and depreciated in the government wide financial statements.
   (B)   Assets that are not capitalized (items less than $5,000) are expensed in the year of acquisition. An inventory will be kept on all computers and other equipment with a capitalized cost of less than $5,000. (See § 35.67)
Exceptions are:
      (1)   Items costing less than the above limits which are permanently installed as a part of the cost of original construction or installation of a larger building or equipment unit will be included in the cost of the larger unit;
      (2)   Modular equipment added subsequent to original equipment construction of a larger building or equipment unit which may be put together to form larger units costing more than the prescribed limits will be charged to capital assets though the cost of individual items is less than such units;
      (3)   Cabinets, shelving, bookcases, and similar items, added subsequent to original construction, which are custom made for a specific place and adaptable elsewhere, will be capitalized.
NOTE: Purchases made using grant funds must comply with grant requirements or the above procedures, whichever are the most restrictive.
   (C)   Threshold levels for capital assets. The following schedule will be followed for the different types of capital assets other than infrastructure assets:
      Capitalized/Depreciate
   Land               All/Capitalize only
   Land Improvements         $5,000.00
   Building            $5,000.00
   Building Improvements      $5,000.00
   Construction in Progress      All/Capitalize only
   Machinery and Equipment      $5,000.00
   Vehicle            $5,000.00
   Utility Assets            $5,000.00
   (D)   Infrastructure.
      (1)   At the network level, the asset will be classified as major if the cost of the network item is at least 10% of the cost of all capital assets in fiscal year 1999. A network will be defined as a group of similar assets that serve a particular function or purpose for the town.
      (2)   At the subsystem level, the asset will be classified as major if the cost of the subsystem item is at least 5% of the cost of all capital assets in fiscal year 1999. A subsystem will be defined as a segment of a network of assets that serve a similar function for the town.
(Ord. 2005-014, passed 5-9-05)
§ 35.62 VALUATION OF CAPITAL ASSETS.
   (A)   Capital assets must be recorded at actual cost. Normally the cost recorded is the purchase price or construction costs of the asset, but also included is any other reasonable and necessary costs incurred to place the asset in its intended location and intended use. Such costs could include the following:
      (1)   Legal and title fees, closing costs;
      (2)   Appraisal and negotiation fees, surveying fees;
      (3)   Damage payments;
      (4)   Land preparation costs, demolition costs;
      (5)   Architect, engineering and accounting fees;
      (6)   Insurance premiums during construction;
      (7)   Transportation charges;
      (8)   Interest costs during construction.
   (B)   Donated or contributed assets should be recorded at their fair market value on the date donated.
(Ord. 2005-014, passed 5-9-05)
§ 35.63 ASSET DEFINITIONS BY MAJOR CATEGORY.
   It is important to the maintenance of accurate records that each asset category be precisely defined and that all persons responsible for records maintenance be fully aware of the categorization system. This section further clarifies the asset definitions by major category.
   (A)   Land. Land is defined as specified land, lots, parcels or acreage including rights-of-way and easements, owned by the town, its various departments, boards or authorities, regardless of the method or date of acquisition. Easements will not be included as the town does not own them, but as an interest in land owned by another (i.e. property owner) that entitles its holder to a specified limited use.
   (B)   Improvements other than buildings.
      (1)   Examples of town assets in this category are walks, parking areas and drives, fencing, retaining walls, pools, fountains, planters, underground sprinkler systems, and other similar items.
      (2)   Examples of town utilities assets in this category are water supply mains, collection sewers, wells, dams, fences, intake pipes, manholes, and fire hydrants.
   (C)   Buildings.
      (1)   All structures designed and erected to house equipment services, or functions are included. This includes systems, services, and fixtures within the buildings, and attachments such as porches, stairs, fire escapes, canopies, areaways, lighting fixtures, flagpoles, and all other such units that serve the building.
      (2)   Plumbing systems, lighting systems, heating, cooling, ventilating and air handling systems, alarm systems, sound systems, surveillance systems, passenger and freight elevators, escalators, built-in-casework, walk-in coolers and freezers, fixed shelving, and other fixed equipment are included with building, if owned. Communication antennas and/or towers are not included as buildings. These are parts of the equipment units that they serve.
   (D)   Equipment. Equipment includes all other types of physical property within the scope of the fixed asset management system not previously classified. Included within this category are office mechanical equipment, office furniture, appliances, furnishings, machinery items, maintenance equipment, communication equipment, police, fire, sanitation and park department, laboratory equipment, vehicles, road equipment, aircraft, emergency equipment, earth moving equipment, text equipment, civil defense equipment, and data processing equipment. All supplies are excluded.
   (E)   Infrastructure.
      (1)   Infrastructure assets are long-lived capital assets that normally can be preserved for a significantly greater number of years than most capital assets and that are normally stationary in nature. Examples include road, streetlights, traffic signals, drainage systems and water systems. Infrastructure assets do not include buildings, drives, parking lots or any other examples given above that are incidental to property or access to the property above.
      (2)   Additions and improvements to infrastructure, which increase the capacity or efficiency of the asset, will be capitalized. Maintenance/repairs will be considered as necessary to maintain the existing asset, and therefore not capitalized. For example, patching, resurfacing, snow removal, etc., are considered maintenance activities and will be expensed. Also, normal department operating activities such as feasibility studies, and preliminary engineering and design, will be expensed and not capitalized as an element of the infrastructure asset.
      (3)   Alleys will not be included as part of infrastructure for the following reason: Existing improved alleys will be maintained as gravel alleys, and the town is responsible only for the maintenance, such as patching and repairing. Any investments to upgrade the alleys will be done by homeowner participation. Therefore, the town will not track and value alleys and the patching/repairs will be expensed as they occur.
      (4)   The retroactive reporting requirements for infrastructure of GASB 34 requires the town to report items put into service from 1980 forward, and gives the town the option to report items put into service prior to 1980. The town will report only on items put into service after 1980. Retroactive reporting is not mandated until fiscal years beginning after January 1, 2007 which the town will comply with.
(Ord. 2005-014, passed 5-9-05)
§ 35.64 DEPRECIATION METHODS.
   The town will be depreciating capital assets by using either composite/group method depreciation or the straight-line method. Salvage value will be determined on an asset-by-asset basis. Depreciation will be calculated at year-end. Land is not depreciated according to general accepted accounting principles.
   (A)   Composite/group network.
      (1)   Composite depreciation refers to calculating depreciation for a collection of similar assets. A single composite rate is applied annually to the acquisition cost of the collection as a whole. At year-end an adjustment will be made to the total cost to account for any additions/disposals throughout the year. The accumulated depreciation associated with it will also be adjusted. A gain or loss will never be reported on the asset when using the composite method. A full year's depreciation will be taken when the asset is placed in service and no depreciation recorded in the year it is sold or disposed of. To determine the appropriate depreciation rate for the composite group, divide 1 by the number of years the assets are depreciated. For instance, a group of assets with a 25-year life will be depreciated at 4% each year (1/25).
      (2)   Following is the list of groups that will be used for depreciation:
      Composite/Group Depreciation
         (a)   Street lights — 35 years
         (b)   Traffic signals — 25 years
         (c)   Flood walls/gates — 50 years
         (d)   Roads
            1.   Cement — 10 years
            2.   Gravel — 15 years
            3.   Concrete — 30
            4.   Asphaltic Concrete — 20 years
            5.   Brick or Stone — 50 years
   (B)   Straight-line depreciation.
      (1)   All assets accounted for under the capital asset policy will be depreciated using the straight-line method of depreciation. A gain or loss on disposal will be recorded. Following is a list of the most common useful lives:
         (a)   Vehicles — 5 years
         (b)   Office equipment — 5 years
         (c)   Office furniture — 20 years
         (d)   Heavy equipment — 10 years
         (e)   Fire trucks — 15 years
         (f)   Buildings — 50 years
         (g)   Building components (HVAC systems, roofing) — 20 years
         (h)   Leasehold improvements — useful life of asset or lease term (whichever is shorter)
         (i)   Land improvements — structure (parking lots, athletic courts, swimming pools) — 20 years
         (j)   Land improvements — ground work (golf course, athletic fields, landscaping, fencing) — 20 years
         (k)   Outdoor equipment — (playground equipment, radio towers) — 15 years
         (l)   Grounds equipment — (mowers, tractors, attachments) — 15 years
         (m)   Computer hardware — 3 years
         (n)   Computer software — 5 years
      (2)   Town Utilities' useful lives are as follows:
         (a)   Water.
            1.   Buildings and improvements — 50 years
            2.   Transmission and distribution mains — 50 years
            3.   Meters/hydrants — 50 years
            4.   Pumping equipment — 50 years
            5.   Water treatment equipment — 50 years
            6.   Reservoirs tanks — 50 years
            7.   Furniture and equipment — 10 years
            8.   Other equipment — 10 years
            9.   Transportation equipment — 10 years
            10.   Shop and laboratory equipment — 10 years
            11.   Computer equipment — 3 years
            12.   Communications equipment — 10 years
         (b)   Sewer.
            1.   Buildings and improvements — 50 years
            2.   Sewer lines — 50 years
            3.   Combined sewer overflow — 50 years
            4.   Lift station — 50 years
            5.   Treatment plant/equipment — 10 years
            6.   Office equipment — 5 years
            7.   Miscellaneous operating equipment — 5 years.
(Ord. 2005-014, passed 5-9-05)
§ 35.65 CAPITAL ASSET ACQUISITIONS.
   (A)   The method of acquisition is not a determining factor. Each department should report items acquired by:
      (1)   Regular purchases;
      (2)   Lease purchase – see below;
      (3)   Construction by town personnel;
      (4)   Construction by an outside contractor;
      (5)   Resolution/condemnation;
      (6)   Donation/contribution;
      (7)   Addition to existing asset;
      (8)   Transfer from another department;
      (9)   Trade or barter;
      (10)   Annexation.
   (B)   Leased equipment should be capitalized if the lease agreement meets any one of the following criteria:
      (1)   The lease transfers ownership of the property to the lessee by the end of the lease term;
      (2)   The lease contains a bargain purchase option;
      (3)   The lease term is equal to 75% of the estimated economic life of the leased property;
      (4)   The present value of the minimum lease payments at the inception of the lease, excluding executor costs, equals at least 90% of the fair value of the leased property.
   (C)   Leases that do not meet any of the above criteria should be recorded as an operating lease and reported in the notes of the financial statements.
(Ord. 2005-014, passed 5-9-05)
§ 35.66 ASSET TRANSFERS AND DISPOSITIONS.
   (A)   Property should not be transferred, turned-in for auction, or disposed of without prior approval of the department head. A vehicle/equipment out processing checklist should be sent to the Clerk-Treasurer's office in all cases. This form is a dual-purpose form for transfer (defined as any movement of an asset by virtue of change in location, either by account, department, building, floor, or room) or retirement (disposal) of property.
   (B)   The main points to be remembered when using this form are:
      (1)   Always provide sufficient detail to properly identify the asset, most importantly the asset's tag number or town ID;
      (2)   Be accurate and do not overlook any of the needed entries;
      (3)   Write legibly;
      (4)   Complete each column for every asset listed on the form;
      (5)   Enter information in correct row, depending on whether you are transferring or deleting an asset;
      (6)   Have Department Head sign at the bottom of the form;
      (7)   Return the form to the Clerk-Treasurer's office.
   (C)   If an asset is stolen, the department should notify the Police Department as well as the Clerk-Treasurer's office.
(Ord. 2005-014, passed 5-9-05)
§ 35.67 PERIODIC INVENTORIES.
   A physical inventory of all capital assets (any item over $5,000) will be conducted in each department on or about December 31 of every year. The Clerk-Treasurer's office will conduct spot checks on a random basis. Department heads will be accountable for the capital asset inventory charged to their departments by verifying a list of their capital assets at year end.
(Ord. 2005-014, passed 5-9-05)
§ 35.68 RESPONSIBILITIES OF CLERK-TREASURER'S OFFICE.
   The Fiscal Officer will ensure the accounting for capital assets is being exercised by establishing a capital asset inventory, both initially and periodically in subsequent years. The Fiscal Officer will further ensure that the capital asset report will be updated annually to reflect additions, retirements, and transfers and to reflect the new, annual capital asset balance for financial reporting purposes and the annual and accumulated depreciation calculation.
(Ord. 2005-014, passed 5-9-05)
§ 35.69 RESPONSIBILITIES OF DEPARTMENT MANAGERS.
   (A)   It is the responsibility of the department head to act as or designate a steward for each piece of property over $500. The steward will become the focal point for questions regarding the availability, condition, and usage of the asset, as well as the contact during the physical inventory process.
   (B)   The department head or his or her designee, who shall be identified in writing and forwarded to each Town Council member, shall be designated to record the receipt of the asset, to examine the asset to make sure that no damage was incurred during shipment and to make sure that the asset was received in working order.
   (C)   The steward is also responsible for arranging for the necessary preventative maintenance and any needed repairs to keep the asset in working condition. It is necessary to have a responsible person available for questions that arise during a physical inventory or when someone wants to borrow the asset. The steward ensures that the asset is used for the purpose for which it was acquired and that there is no personal or unauthorized use. In addition, the steward should report, in writing, to his or her department head, any property damage or theft.
   (D)   Department heads shall be accountable for an inventory list for all inventory above $500 charged to their departments and shall verify a list of their capital assets at year end.
   (E)   Department heads shall use the form set forth in Exhibit A for their inventory list.
(Ord. 2005-014, passed 5-9-05; Am. Ord. 2016-003, passed 3-14-16)
CREDIT CARD PURCHASES
§ 35.80 CREDIT CARD PURCHASES.
   (A)   Credit card issuance.
      (1)   The Clerk-Treasurer is hereby authorized to make application for credit cards for use by the each of the town's department heads for the official town business limited to travel, educational expenses and public purchases.
      (2)   Credit cards issued shall have a maximum limit of $5,000.
      (3)   The Town Council authorizes the Clerk-Treasurer to pay any annual membership fee, service fee or renewal charge levied by the credit card issuer for the town credit card.
   (B)   Credit card use policies and procedures.
      (1)   When not in use, each department head will be responsible for making sure the card is kept in a secure location, or held by the Clerk-Treasurer.
      (2)   Town officials and employees shall be permitted to use credit cards for the purpose of town travel, educational expenses and public purchases but limited to the following:
         (a)   Hotel or motel room.
         (b)   Hotel or motel room charges for telephone calls pertaining to town business, unless the town pays for that employee's cell phone.
         (c)   Meals, including a maximum 20% gratuity.
         (d)   Fees or costs associated with attending schools, conventions, seminars and the like.
         (e)   Gasoline, if using a town owned vehicle.
         (f)   Excluded charges include alcoholic beverages, room service, nonbusiness telephone calls, except for one daily telephone call to the home of the town official or employee, in-room movies and cash advances.
      (3)   Town officials and employees shall be permitted to use credit cards for the purpose of town purchases limited to the following:
         (a)   Supplies;
         (b)   Materials;
         (c)   Small tools and minor equipment under $300; and
         (d)   Membership dues for organizations related to their department.
      (4)   Each department head shall maintain a log for each time they delegate responsibility of a purchase to a subordinate. The log shall include the name of the individual charging, their position, the date the card leaves the department head's possession, an estimated amount charged, the fund/account numbers to be charged, and the date the card was returned. Each line shall have an initial line. (See Exhibit A).
      (5)   The own Council hereby directs the Clerk-Treasurer to allow no interest or carrying charges or penalties to accrue or be incurred because of late payments. Accounts payable vouchers filed in connection with the use of credit cards shall be submitted to the Clerk-Treasurer for processing within three business days unless used while on travel for town business whereby it shall be turned in within three business days upon return and shall be properly itemized and documented as provided in I.C. 5-11-10 before approved and paid. The credit card account will be paid in full every billing cycle. Improperly itemized and documented items shall be the personal responsibility of the individual user. Late fees due to improper presentation of receipts to the Clerk-Treasurer for timely processing shall be the personal responsibility of the individual user.
(Ord. 2016-20, passed 10-10-16)
Cross-references:
   Chief of Police, see § 36.07
   Director of Public Works, see § 33.102
   Town Clerk-Treasurer, see §§ 32.15 through 32.18
INTERNAL CONTROL STANDARDS
§ 35.90 INTERNAL CONTROL STANDARDS.
   (A)   Adoption of minimum standards and procedures. The acceptable minimum level of internal control standards and procedures developed under I.C. 5-11-1-27(e) by the SBOA contained in the uniform internal control standards for Indiana Political Subdivisions Manual, are hereby adopted by the town and that all town personnel shall receive training concerning the internal control standards and procedures hereby adopted.
   (B)   Establishment of materiality policy. Following ordinance 2016-003, the town of Sellersburg hereby establishes the additional Materiality Policy under I.C. 5-11-1-10, I.C. 5-11-1-21, I.C. 5-11-1-27:
      (1)   Materiality, in the town, is hereby defined as $500 per occurrence. That is, if one occurrence of a loss or shortage or other irregularity is equal or greater than $500, it must be reported to the SBOA.
      (2)   This materiality definition is not limited to defalcations or suspicious activity involving only cash or cash transactions. If supplies, equipment or other fixed assets belonging to the town of Sellersburg are suspected of being misappropriated or stolen or used in a manner not authorized by town officials and the value of those supplies, equipment or fixed assets are approximately $500, that misuse or series of misuse should be reported. That is not to say that if a loss or shortage is less than $500 it should be ignored. If there is a series of events, within the same office or department that appears to be a structuring event to defraud or misappropriate the town of Sellersburg funds or property, that event or series of events should be reported to the SBOA.
   (C)   Material variances, losses shortages or thefts. All erroneous or irregular material variances, losses, shortages, or thefts of political subdivision funds or property shall be reported immediately to the SBOA. For all material variances, losses, shortages or thefts, the SBOA shall:
      (1)   Determine the amount of funds involved and report the amount to the appropriate government and law enforcement officials;
      (2)   Determine the internal control weakness that contributed to or caused the condition; and
      (3)   Make written recommendations to the appropriate legislative body or appropriate official overseeing the internal control system addressing:
         (a)   The method of correcting the condition; and
         (b)   The necessary internal control policies and internal control procedures that must be modified to prevent a recurrence of the condition.
   (D)   Notification of fiscal misconduct. If any town employee knows or has a concern that other town employees are engaged in fiscal misconduct, it is his/her duty to immediately notify their supervisor or at least two members of the Town Council, or if the supervisor or a Town Council member is involved, then notification should be made to the Town Attorney. Following procedure outlined in I.C. 5-11-1-9.5(a)(2), the notification by the individual should be in the form of a sworn statement (in writing) that the individual believes the allegation to be true. Per state law, the town may not retaliate against an employee of the town for making a sworn statement on the subject of this materiality policy.
(Ord. 2016-014, passed 7-25-16)
DOCUMENT FEES
§ 35.100 FEES FOR COPIES OF PUBLIC RECORDS.
   (A)   Any person or entity requesting a copy or copies of public records shall pay the following fees for copying documents:
      (1)   Ten cents per page for copies that are not in color;
      (2)   Twenty-five cents per page for color copies; and,
      (3)   Five dollars per certification of a documents.
   (B)   If the public document requested to be copied produced by a third-party, the person or entity requesting the document will be responsible for the actual cost of the document per copy.
   (C)   The office holder or department head shall collect the costs to copy the public documents prior to generating or ordering any copies.
(Ord. 2017-OR-012, passed 4-24-17)
PUBLIC WORK CONTRACTS
§ 35.110 DEFINITION.
   (A)   As used in this subchapter, PUBLIC WORK means the construction, reconstruction, alteration, or renovation of a public building, airport facility, or other structure that is paid for out of a public fund or out of a special assessment. The term includes the construction, alteration, or repair of a highway, street, alley, bridge, sewer, drain, or other improvement that is paid for out of a public fund or out of a special assessment. The term also includes any public work leased by a political subdivision under a lease containing an option to purchase.
   (B)   The term does not include work involved in an extension or installation of utility infrastructure described in this chapter.
(Res. 2020-R-004, passed 5-26-20)
§ 35.111 APPLICATION; PROCESS.
   (A)   This section applies whenever a public work project is estimated to cost less than $50,000. Except as provided in this chapter for local Boards of Aviation Commissioners and local airport authorities, if a contract is to be awarded, the Board may proceed under divisions (B) or (C).
   (B)   The Board must proceed under the following provisions:
      (1)   The Board shall invite quotes from at least three persons known to deal in the class of work proposed to be done by either of the following:
         (a)   Mailing them a notice stating that plans and specifications are on file in a specified office. The notice must be mailed not less than seven days before the time fixed for receiving quotes. The Board may not require a person to submit a quote before the meeting at which quotes are to be received. The meeting for receiving quotes must be open to the public. All quotes received shall be opened publicly and read aloud at the time and place designated and not before.
         (b)   Soliciting at least three quotes by telephone, facsimile transmission, or electronic mail. The seven day waiting period required by division (a) does not apply to quotes solicited under this clause. A quote received under this clause shall be reported to the Board during the public meeting at which the contract is considered. The name of each person submitting a quote, and the amount of each quote, shall be read aloud at the public meeting.
      (2)   The Board shall award the contract for the public work to the lowest responsible and responsive quoter.
      (3)   The Board may reject all quotes submitted.
      (4)   If the Board rejects all quotes under division (3), the Board may negotiate and enter into agreements for the work in the open market without inviting or receiving quotes if the Board establishes in writing the reasons for rejecting the quotes.
   (C)   The Board may not proceed under division (B) for the resurfacing (as defined in I.C. 8-14-2-3) of a road, street, or bridge, unless:
      (1)   The weight or volume of the materials in the project is capable of accurate measurement and verification; and
      (2)   The specifications define the geographic points at which the project begins and ends.
   (D)   For the purposes of this section, if contiguous sections of a road, street, or bridge are to be resurfaced in a calendar year, all of the work shall be considered to comprise a single public work project.
   (E)   The Board may purchase or lease supplies in the manner provided in I.C. 5-22 and perform the public work by means of its own workforce without awarding a public work contract.
   (F)   Before the Board may perform any work under this section by means of its own workforce, the political subdivision or agency must have a group of employees on its staff who are capable of performing the construction, maintenance, and repair applicable to that work.
(Res. 2020-R-004, passed 5-26-20)
§ 35.112 AUTHORITY.
   (A)   The Town Council has determined a need to delegate and assign its authority of awarding public works contracts to the Town Manager, as an agent for the Council, for only the amount of up to $25,000, which shall be awarded in a separately held and properly noticed public meeting contingent on Town Manager following I.C. 36-1-12 et seq. and the Indiana Open Door laws.
   (B)   The Town Manager may make purchases of and award public works contracts up to $25,000.
(Res. 2020-R-004, passed 5-26-20)
CHAPTER 36: POLICE AND FIRE DEPARTMENTS
Section
Board of Metropolitan Police Commissioners
   36.01   Establishment
   36.02   Compensation
   36.03   Five-member Board
   36.04   Member of Town Council to serve as ex officio member
   36.05   Bond required
   36.06   Removal of members
   36.07   Duties and responsibilities
Police Department
   36.10   Authority to establish
   36.11   Reserved
   36.12   Court pay
   36.13   Work periods
   36.14   Retiring officers
   36.15   Uniform/clothing allowances
Police Funds
   36.20   Police Pension Fund
   36.21   Police Petty Cash Fund
   36.22   Police Station Fund Account
   36.23   Law Enforcement Continuing Education Fund
   36.24   Forfeiture Fund
   36.25   Police Equipment Fund
Police Fees
   36.30   Accident report fees
   36.31   Police department fees
   36.32   Vehicle inspection fees
   36.33   Vehicle tow-in fee
   36.34   Photo, videotape and CD fees
   36.35   Fingerprint card fees
Volunteer Fire Department
   36.40   Authority to establish
Cross-reference:
   Additional fund provisions, see Chapter 35
BOARD OF METROPOLITAN POLICE COMMISSIONERS
§ 36.01 ESTABLISHMENT.
   The Board of Metropolitan Police Commissioners is established.
(`93 Code, § 2-42) (Ord. 256, passed 5-14-68)
§ 36.02 COMPENSATION.
   Each member of the Police Commission shall be compensated in the amount set by Council for each meeting attended.
(`93 Code, § 2-42) (Ord. 95-633, passed 9-11-95)
Cross-reference:
   Authority of Town Council to establish compensation, see § 33.001
§ 36.03 FIVE-MEMBER BOARD.
   (A)   The Police Commission shall consist of five Board members who shall be appointed by the Town Council.
   (B)   Pursuant to I.C.36-8-9-3.1, the Board shall be appointed under the following staggered terms:
      (1)   Member One: the initial appointment term of two years to expire on January 1, 2010, thereafter the appointment shall be a three-year term.
      (2).   Member Two: the initial appointment term of two years to expire on January 1, 2010, thereafter the appointment shall be a three-year term.
      (3).   Member Three: the term of initial appointment of three years to expire on January 1, 2011, thereafter the appointment shall be for a three-year term.
      (4)   Member Four: the term of initial appointment of three years to expire on January 1, 2011, thereafter the appointment shall be for a three-year term.
      (5)   Member Five: the term of initial appointment of four years to expire on January 1, 2012, thereafter the appointment shall be for a three-year term.
(`93 Code, § 2-43) (Ord. 385, passed 1-5-84; Am. Ord. 2008-007, passed 3-10-08)
Statutory reference:
   Board of Metropolitan Police Commissioners, see I.C. 36-8-9-1 through I.C. 36-8-9-6
§ 36.04 MEMBER OF TOWN COUNCIL TO SERVE AS EX OFFICIO MEMBER.
   (A)   One member of the Town Council shall serve as an ex officio member of the Board of Metropolitan Police Commissioners.
   (B)   The ex officio member vacates this position on the Board when the member is no longer a member of the Town Council.
   (C)   The Town Council member may not receive any additional compensation as an ex officio member of the Board.
(Ord. 2008-007, passed 3-10-08)
§ 36.05 BOND REQUIRED.
   (A)   Bond required.
      (1)   A Board member shall give bond in the sum of $5,000, payable to the state, on the condition upon faithful and honest discharge of the member's duties.
      (2)   The bond must be approved by the Town Council.
   (B)   Exception. The ex officio member of the Board who is also a member of the Town Council shall not be required to post a bond required by I.C. 36-8-9-3.1(f).
(Ord. 2008-007, passed 3-10-08)
§ 36.06 REMOVAL OR MEMBERS.
   The Town Council may remove a Board member for any cause that it considers sufficient.
(Ord. 2008-007, passed 3-10-08)
§ 36.07 DUTIES AND RESPONSIBILITIES.
   The Town of Sellersburg Board of Metropolitan Police Commissioners shall be authorized and given the following duties and responsibilities:
   (A)   To appoint, subject to the qualifications of employment determined by the Board of Metropolitan Police Commissioners and approved by the Sellersburg Town Council, as many persons necessary to serve in the police department of the town.
   (B)   Make general and special rules for the governing and discipline of the town police department and make special orders to the department through the Chief of Police, who is the executive head of the department.
   (C)   The Chief of Police is the executive of the town’s police department, who shall, subject to the qualifications established by the Board of Metropolitan Police Commissioners and the town legislative body, appoint civilian employees which are necessary to carry on the work of the police department.
   (D)   The hiring of any police officer for the town shall be the Town Council, subject to the criteria which has been established by the Town Board of Metropolitan Police Commissioners as well as the qualifications and procedures set forth under I.C. 36-8-3.5-12.
   (E)   From a list of eligible candidates the Board of Metropolitan Police Commissioners and the Chief of Police shall each make a recommendation in regard to the most qualified candidate for the position, which shall then be submitted to the Town Council for review and selection. The Town Council shall have the sole discretion in hiring the recommended candidate or candidates which shall then be submitted to the Town Council for review and selection if appropriate.
   (F)   The Town Council has hereby elected the herein section not to delegate to the Board of Metropolitan Police Commissioners the powers and duties set forth under I.C. 36-8-9-4(a), (b), or (d).
   (G)   The Board of Metropolitan Police Commissioners constitutes the Safety Board of the town as authorized under I.C. 36-8-3-4.1.
   (H)   The Board of Metropolitan Police as the Safety Board is authorized to take all action to perform all duties as authorized under I.C. 36-8-3-4 and 36-8-3-4.1.
(Ord. 2004-020, passed 9-13-04)
POLICE DEPARTMENT
§ 36.10 AUTHORITY TO ESTABLISH.
   The town may establish, maintain and operate a police and law enforcement system to preserve public peace and order and may provide facilities and equipment for that system.
(`93 Code, § 2-48)
Statutory reference:
   Authority to preserve public peace and order, see I.C. 36-8-2-2
   Powers and duties of police departments, see I.C. 36-8-3-6
§ 36.11 RESERVED.
§ 36.12 COURT PAY.
   An officer of the Police Department shall be paid annually for court appearances in an amount to be established by ordinance of the Town Council, said amount to be paid in a lump sum, payable the first pay period in December.
(Ord. 2001-005, passed 3-12-01)
§ 36.13 WORK PERIODS.
   (A)   The following work period shall be established for law enforcement officers of the town, pursuant to the Fair Labor Standards Act, 29 USC part 207(k): 28 days, consisting of 171 hours per work period.
   (B)   The Clerk/Treasurer is directed to prepare and issue pay checks, including overtime if applicable, pursuant to this work schedule.
(`93 Code, § 2-55) (Res. 85-R-62, passed 7-8-85)
§ 36.14 RETIRING OFFICERS.
   When an officer retires from the Police Department, after having given and completed at least 20 years of service to the Department, he or she shall be entitled to retain his or her firearm and badge. Imprinted upon the badge, at town expense, shall be the word “RETIRED” and the number of years of service to the town completed by the officer.
(`93 Code, § 2-56) (Ord. 419, passed 8-12-85)
§ 36.15 UNIFORM/CLOTHING ALLOWANCES.
   (A)   Each police officer with at least one year of service with the town shall receive a uniform allowance of $2,000 per year to be paid in the first pay period in June.
   (B)   The Police Department shall submit a claim so that each dispatcher shall receive a uniform/clothing allowance of $250 paid the first period in the month of June each year.
   (C)   Each year the Clerk/Treasurer and Clerk/Treasurer's employees shall receive a uniform/clothing allowance in the amount to be determined by ordinance of the Town Council in accordance with I.C. 36-8-4-4. In the event that the Clerk/Treasurer and Clerk/Treasurer's employees do not use their respective uniform/clothing allowance, the remaining balance shall be paid to them for cleaning and maintenance of their uniform/clothing.
   (D)   All uniforms and other necessary equipment shall be furnished by the Town Police Department; therefore all newly appointed police officers will not receive a clothing allowance during the first year of employment.
(Res. 1996-36, passed 4-8-96; Am. Ord. 2000-024, passed 12-11-00; Am. Ord. 2001-027, passed 12-10-01; Am. Ord. 2002-008, passed 6-10-02; Am. Ord. 2022-OR-027, passed 11-28-22)
POLICE FUNDS
§ 36.20 POLICE PENSION FUND.
   The Police Pension Fund is established for the town. The Town Council and Clerk-Treasurer, upon being notified of the death of a member of the Police Pension Fund, whether active or retired, shall pay to the heirs or estate of the deceased member the sum of $12,000.
(`93 Code, § 2-119) (Ord. 256, passed 7-1-68; Am. Ord. 412, passed 11-25-85; Am. Ord. 2000-021, passed 11-13-00; Am. Ord. 2008-015, passed 6-9-08)
§ 36.21 POLICE PETTY CASH FUND.
   (A)   The Police Department Petty Cash Fund shall be, and is increased from the amount of $100 to the amount of $300.
   (B)   The Clerk/Treasurer shall take all steps necessary by law to effect the increase in the Petty Cash Fund from the amount of $100 to $300.
(`93 Code, § 2-127) (Ord. 93-13, passed 10-25-93)
§ 36.22 POLICE STATION FUND ACCOUNT.
   (A)   (1)   There shall be, and is established, a Police Station Fund Account in which private and group donations, vending proceeds and other monies given to the Police Department shall be deposited.
      (2)   The monies shall be for use by the Police Department for non-budgeted expenses for special items.
   (B)   The Clerk/Treasurer shall take all steps necessary under the law to open and maintain the Police Department's Police Station Fund Account.
(`93 Code, § 2-128) (Ord. 93-580, passed 10-25-93)
§ 36.23 LAW ENFORCEMENT CONTINUING EDUCATION FUND.
   (A)   The $2 fee for each notarized signature shall be deposited into the Law Enforcement Continuing Education Fund.
   (B)   For any fee collected as judgment for a town ordinance violation ticket written by the Police Department, $3 shall be deposited into the Law Enforcement Continuing Education Fund.
(Ord. 2005-008, passed 3-14-05; Am. Ord. 2007-009, passed 2-26-07)
§ 36.24 FORFEITURE FUND.
   (A)   A Forfeiture Fund is hereby established to receive all money the Police Department may receive for any drug forfeiture action.
   (B)   All the money deposited into the Forfeiture Fund shall be used to purchase and obtain police equipment and other police-related equipment expenses.
   (C)   The Fund shall be a non-reverting fund.
(Ord. 2008-002, passed 1-28-08)
§ 36.25 POLICE EQUIPMENT FUND.
   All proceeds received as a result of selling the Police Department's surplus vehicles shall be deposited into a Police Equipment Fund to be used by the town to purchase and obtain police equipment. The Fund shall be a non-reverting fund.
(Ord. 2008-010, passed 4-14-08)
POLICE FEES
§ 36.30 ACCIDENT REPORT FEES.
   (A)   Any person, agent or attorney duly authorized, as set forth in I.C. 9-29-11-1, shall be furnished a copy of an accident report prepared by the Police Department.
(`93 Code, § 4-30)
   (B)   When the accident report is furnished by means of a duplicating machine copy or otherwise of the investigator's report of the accident, the Police Department shall be entitled to charge a fee of not less than $5.
(`93 Code, § 4-31)
   (C)   All fees shall be deposited in the appropriate fund.
(`93 Code, § 4-32)
(Ord. 345, passed 7-13-81; Am. Ord. 93-531, passed 6-8-92)
Cross-reference:
   Accident Report Account, see § 35.05
§ 36.31 POLICE DEPARTMENT FEES.
   (A)   Pursuant to I.C. 5-2-5-7, the Police Department is entitled, upon a request for release or inspection of a limited criminal history, to:
      (1)   Collect a $3 fee to defray the cost of processing a request for inspection; and
      (2)   Collect a $7 fee to defray the cost of processing a request for release.
(`93 Code, § 4-38)
   (B)   Law enforcement agencies and the Police Department may not charge a fee for a request received from the Parent Locator Service of the Child Support Division of the State Department of Public Welfare.
(`93 Code, § 4-39)
   (C)   Pursuant to I.C. 5-2-5-8, unless otherwise prohibited by law, the Police Department, upon request and proper identification of the person about whom criminal history data is maintained, will provide that person a copy of his or her criminal history data for a reasonable fee, being $7.
(`93 Code, § 4-40)
   (D)   The Police Department is also authorized to charge a notary public fee of $2 for each signature notarized for any purpose including but not limited to applications for duplicate or replacement license plates and applications for hand gun licenses.
(`93 Code, § 4-41)
   (E)   Fees collected under this section shall be deposited in the Crime Control Fund.
(`93 Code, § 4-42)
(Ord. 513, passed 11-11-91)
Cross-reference:
   Crime Control Fund, see § 36.23
§ 36.32 VEHICLE INSPECTION FEES.
   (A)   The Police Department shall charge a fee of $5 per vehicle for all inspections of motor vehicles, semi-trailers or recreational vehicles, as required in I.C. 9-17-2-12(c).
(`93 Code, § 4-48)
   (B)   The funds collected shall be periodically, and not less than monthly, delivered to the Clerk/Treasurer, and revenues received from the inspections authorized by this section shall be deposited into the appropriate fund.
(`93 Code, § 4-50)
(Ord. 386, passed 2-22-84; Am. Ord. 387, passed 4-26-84; Am. Ord. 92-531, passed 6-8-92)
Cross-reference:
   Special Vehicle Inspection Fund, see § 35.09
§ 36.33 VEHICLE TOW-IN FEE.
   (A)   The Police Department shall assess a $25 tow-in fee for each vehicle the Department orders towed, except those vehicles that must be towed as a result of circumstances beyond the vehicle owners’ control, (i.e. a vehicular accident for which the owner/driver bears no fault).
   (B)   Any entity that provides tow-in service for the Police Department shall collect the Department’s tow-in fee, along with its own fees, prior to releasing any towed vehicle to the owner and a minimum of once a month shall forward to the Police Department all fees.
   (C)   The Police Department shall deposit all tow-in fees collected into the town’s general fund.
(Ord. 2003-003, passed 2-10-03; Am. Ord. 2003-008, passed 5-12-03; Am. Ord. 2008-040, passed 11-24-08)
§ 36.34 PHOTO, VIDEOTAPE AND CD FEES.
   (A)   When an individual, private business or governmental firm requests a copy of any photographs or videotape recordings, there will be a $10 processing fee. An additional charge of $1 will be assessed for each photo printed and $2 for each videotape requested. Photos may be placed on a floppy disk for an additional charge of $2.
   (B)   When an individual, private business or governmental firm requests a copy of photographs or videotape to be placed on a compact disk, there shall be a $15 processing fee, plus a $2 charge for each compact disk which is reproduced.
   (C)   All funds collected pursuant to this section shall be deposited into the office of the Clerk/Treasurer to be used for police equipment and/or education as approved by the Town Council.
   (D)   If the request is made pursuant to a valid subpoena, subpoena duces tecum or order of court, the requesting individuals or entities may submit their own floppy disk, videotape or compact disk and avoid the fee associated with the cost of said items.
(Ord. 2003-010, passed 5-12-03)
§ 36.34 FINGERPRINT CARD FEES.
   (A)   The Sellersburg Police Department shall assess and collect a $10, per card, fee for processing fingerprint card requests for any person who is not a resident of the town. The fees shall be placed in the LECE account for the Police Department.
   (B)   Residents of the town shall be exempt from the processing fee upon proof of town residency.
(Ord. 2011-012, passed 4-25-11)
VOLUNTEER FIRE DEPARTMENT
§ 36.40 AUTHORITY TO ESTABLISH.
   The town may establish, maintain and operate a firefighting and fire prevention system and may provide facilities and equipments for that system.
(`93 Code, § 6-5)
Statutory reference:
   Authority to establish a firefighting system, see I.C. 36-8-2-3
CHAPTER 37: TOWN COURT
   [ Editor's Note: Pursuant to I.C. 33-35-1 and Ordinance 2010-001, passed January 11, 2010, the Sellersburg Town Court shall be abolished effective December 31, 2011 at 11:59 p.m.]
TITLE V: PUBLIC WORKS
Chapter
   50.   GENERAL PROVISIONS
   51.   GARBAGE AND REFUSE; RECYCLING
   52.   WATER
   53.   SEWERS
   54.   INDUSTRIAL PRETREATMENT
   55.   STORMWATER CONTROL
CHAPTER 50: GENERAL PROVISIONS
Section
   50.01   Authority to establish utility service
   50.02   Authority to establish waterworks
   50.03   Authority to regulate disposal of sanitary sewage
   50.04   Hardship utility cases
   50.05   Disconnection notices; NSF charges
   50.06   Customer application and deposit policy
   50.07   Vacation, seasonal or part-time shut offs
   50.08   Bankrupt accounts
   50.09   Responsibility for stormwater management; fees
   50.10   Withdrawal and removal of town water utility from jurisdiction of Indiana Utility Regulatory Commission
   50.11   Bad debt and uncollectible accounts receivable write-off policy
   50.12   Payment plans with delinquent water customers
   50.13   Adjustment of utility bills
Statutory reference:
   Disposal of waste substances and sewage, see I.C. 36-9-2-16 through 36-9-2-17
   Municipal sewage works, see I.C. 36-9-23-1 through I.C. 36-9-23-36
   Utility service, see I.C. 36-9-2-15
   Waterworks, see I.C. 36-9-2-14
§ 50.01 AUTHORITY TO ESTABLISH UTILITY SERVICE.
   The town may furnish, or regulate the furnishing, of utility service to the public.
(`93 Code, § 9-1)
§ 50.02 AUTHORITY TO ESTABLISH WATERWORKS.
   The town may regulate the furnishing of water to the public, and may establish, maintain and operate waterworks.
(`93 Code, § 9-2)
§ 50.03 AUTHORITY TO REGULATE DISPOSAL OF SANITARY SEWAGE.
   (A)   The town may regulate the furnishing of the service of collecting, processing and disposing of waste substances and domestic or sanitary sewage, which includes the power to fix the price to be charged for that service.
   (B)   The town may collect, process and dispose of waste substances and domestic or sanitary sewage, and may establish, maintain and operate sewers, sewage disposal systems and systems to collect and dispose of waste substances.
(`93 Code, § 9-3)
§ 50.04 HARDSHIP UTILITY CASES.
   The Town Council determines that the following hardship plan for utility payments be implemented as follows:
   (A)   The current policy administered by the town for disconnection of those who are delinquent or fail to pay their utility bills shall be administered by the town.
   (B)   If a family who is in a distressed financial condition whose water/sewer bill reaches $300 and the family determines that their particular financial condition is a legitimate hardship case shall make an appointment with the Town Council to discuss their particular situation.
      (1)   At the meeting, the Town Council and/or the Public Works Director and/or Building Manager will be authorized to counsel the family or suggest counseling for the family to address their current financial condition.
      (2)   The Public Works Director and/or Building Manager shall make an assessment of the current delinquent amount owed by the hardship family including all late charges, connection fees and the like.
      (3)   At the request of the Town Council, the service will be reconnected or continued if the Council believes the action is appropriate under the specific circumstances presented by the requesting family.
      (4)   Each case presented to the Town Council will be considered on an individual basis without regard to race, color, creed, national origin and/or sex.
   (C)   (1)   The delinquent bill of the requesting family will be cleared on all charges assessed such as late fees and other delinquent fees and only a bill for the usage and customary charges assessed by the town will be issued.
      (2)   The remaining balance will be scheduled for payment on a regular basis in an amount which constitutes 10% of the outstanding balance and shall continue in like payments until the balance is paid in full. The amount shall not include any penalties or interest to the requesting family.
   (D)   (1)   If at any time after the Public Works Director and/or Building Manager has established the payment schedule for the requesting family and the requesting family fails to maintain and pay their current usage bill and/or scheduled payments, a ten-day disconnect notice will be issued by the Public Works Director and/or Building Manager.
      (2)    Upon receipt of the ten-day disconnect notice, the requesting family must pay the entire balance owed or the utility services will be disconnected and no reconnection will take place by the requesting family until the utility debt is cleared in full.
   (E)    The requesting family may appeal any decision to the collective body of the Town Council and the Town Council may take any action they deem necessary and prudent in the particular case presented to them.
   (F)    The Town Council shall administer the policy set forth above on a case by case basis and shall attempt to ease the financial burden on families of the town whose economic condition has deteriorated due to some unforeseen event (such as, loss of employment, extended disability, death of a spouse or other similar reason) and implement a policy that is beneficial for the town, as well as to the requesting family.
(`93 Code, § 9-100) (Ord. 93-554, passed 2-22-93; Am. Ord. 2010-018, passed 9-9-10)
§ 50.05 DISCONNECTION NOTICES; NSF CHARGES.
   (A)   Water/sewer disconnect notices will not be issued by the Water/Sewer Departments until an arrearage has accumulated in the amount of $15. If the arrearage is not timely paid in accordance with the previous practices of the town after a disconnect notice has been issued, the water/sewer shall be disconnected.
(`93 Code, § 9-30)
   (B)   The Town Council hereby adopts the provisions of I.C. 25-43-5-5 thereby establishing a service fee for all insufficient fund checks or drafts. The service fee shall not exceed the greater of $27.50 or 5% (but not more than $250) of the amount due on any insufficient fund check or draft which has not been paid by a credit or financial institution.
(Ord. 505, passed 7-22-91; Am. Ord. 2011-016, passed 7-11-11)
§ 50.06 CUSTOMER APPLICATION AND DEPOSIT POLICY.
   (A)   Generally.  
      (1)   New or moving customers applying for water/sewer service shall do so in person at the Business Office and shall put down a cash deposit as specified in division (B), before any utility service will be rendered.
      (2)   When submitting the Application for Water/Sewer Service, the applicant will be asked for
social security number and picture identification (driver's license preferred), as well as the county tax key number for the property. This aids in the collection process, if necessary, and eliminates possible falsification of who is actually living at the service address. The Business Office will make a copy of the proof document and attach it to the application form.
      (3)   If the applicant is renting, the property owner or manager shall sign the Landlord Certification section of the application. The Business Office will sign the application, which acknowledges receipt of the completed application, and compliance with the policy as stated herein. A copy will then be mailed to the property owner or manager advising that his or her tenant has applied for water/sewer service.
      (4)   After reviewing the application for completeness, the Business Office will determine the deposit requirement, if any, and review computer and/or other records to verify that the applicant has no previous history of being past due and has no previous account balances that may still be due.
      (5)   Upon payment of any required cash deposit, a receipt will be issued to the applicant.
   (B)   Deposit requirements.
 
Customer type
Water
Sewer
Residential–Rental
$50.00
$50.00
Residential–Owner-occupied
$50.00
$50.00
 
 
Customer type
Water
Sewer
Commercial, Institutional, Industrial and Governmental
15% of the previous active 12 month's charges, including taxes, (rounded to the nearest $100) at the service address for each service. If the service is new at the address, the 12 month's charges will be estimated based upon the type and size of the customer as compared to similar types and sizes of customers. Deposits are subject to periodic review, after which, the deposit may be adjusted to more accurately reflect the 15% requirement.
 
   (C)   Residential–general.
      (1)   When a previously terminated account (owner-occupied or renter) returns to establish a new account after a period of time has elapsed, the deposit on those accounts which have previously established a negative credit history (see division (F) for "History Defined") with Sellersburg Utilities, may be double the regular deposit as in division (B) and any amounts previously written off as bad debts must be paid and collection or legal fees paid to outside agencies must be reimbursed before a new account will be established.
      (2)   If an active account (owner-occupied or rental) continually becomes or remains past due (determined by multiple application and penalty charges against the account), or service has been disconnected due to non-payment, a deposit equal to double the schedule established in division (B) may be required for continuation or reestablishment of service.
   (D)   Residential–rental.
      (1)   A residential rental deposit shall always be required before utility service will be rendered.
      (2)   When a rental account moves to a new account, a new Application for Water/Sewer Service shall be required. The old deposit normally shall be transferred to the new account. If, however, the customer has developed a history of being past due (see division (F) "History Defined"), the old deposit shall stay with the old account and a new deposit shall be required for the new account. In this event, the deposit required on the new account may be double the regular deposit requirement. The old deposit will be applied to the current and final bills of the old account, and the balance, if any, will be refunded. If the old account is past due on the moving date, a new account will not be established until the old account is brought current. If, after the final bill is prepared, the old deposit is not sufficient to cover the remaining charges on the old account and the old account becomes past due, the new account will be subject to service termination as though the two accounts were one.
      (3)   If the new account has different services from the old account, the new account's deposit requirements must be attained. A reduction in the requirement may result in a partial refund of the deposit.
      (4)   When planning a move, the Utility Business Office should be given sufficient notice so that services can be terminated on the planned date of vacating the premises.
   (E)   Non-residential–general.
      (1)   Commercial, industrial, governmental, and institutional accounts shall be required to put down a deposit before utility service(s) will be rendered.
      (2)   If an account continually becomes or remains past due (determined by multiple application of penalty charges against the account), a deposit equal to double the schedule established in division (B) may be required for continuation of services.
      (3)   If an account is disconnected because of non-payment, the deposit shall be used to pay all existing charges. Upon re-establishing, the required deposit balance shall be required in order to increase the amount covered, the payment of reconnect charges, and the payment of any charges not covered by the deposit before services will be restored.
   (F)   History defined. Having a "history of being past due" or a "negative credit history" is hereby defined as follows:
      (1)   Having been past due on more than one occurrence during the preceding 12-month period;
      (2)   Having any service disconnected as a result of non-payment during the preceding 24-month period; and/or
      (3)   Being past due on the date service is terminated. This includes those customers who request service be terminated at one location and connected at a new location as a result of moving to said new location.
   (G)   Refunding of deposits and the payment of interest.
      (1)   Cash deposits will be applied to the customer's final bill after which the balance, if any, will be refunded. Any balance due after application of the deposit shall be due and payable on or before the date specified on the final bill.
      (2)   If a given utility has a deposit balance remaining after the utilities charges are satisfied, said balance shall be applied to other utility charges not so satisfied before any amount of the deposit is refunded.
      (3)   Interest will not be paid on any part of the deposit.
   (H)   Availability of forms. Copies of this policy and related forms will be available at the Utility Business Office.
   (I)   Bank accounts.
      (1)   Deposits are to be maintained in one bank account maintained on behalf of the town.
      (2)   When an individual no longer uses the town water, sewer, or sanitation services, a refund of the deposit can be made from this one bank account less any current charges owed to the town.
      (3)   The State Board of Accounts has no objection to the maintenance of one bank account wherein deposits for water and sewer service will be maintained together until refunded or otherwise disposed of as allowed by law.
(Ord. 2001-004, passed 3-12-01; Am. Ord. 2001-016, passed 5-14-01; Am. Ord. 2001-025, passed 12-10-01)
§ 50.07 VACATION, SEASONAL OR PART-TIME SHUT OFFS.
   (A)   Any resident who requests a vacation shut off or shut off during a period of extended absence, must pay in addition to the $5 administration fee associated with said shut off request, a sanitation fee in the amount of $3 per month for residents inside the municipal limits, the minimum amount of $8.85 per month will be assessed for those occupants inside the municipal limits for sewer service, and the minimum amount of $16.45 per month will be assessed for those users outside the municipal limits of the town.
   (B)   The above are the minimum amounts which can be assessed for sewer and sanitation pick-up.
(Ord. 2001-020, passed 7-9-01; Am. Ord. 2003-021, passed 10-13-03)
§ 50.08 BANKRUPT ACCOUNTS.
   (A)   If an individual files a petition for bankruptcy, the town is required to file notices of claim to allow for potential collection of the delinquent account.
   (B)   The Town Council has determined the Town Attorney in conjunction with the Town Billing and Collection Office should be the designated parties to deal with all bankruptcy issues concerning town sewer, water, and garbage pick-up.
(Res. 2001-005, passed 6-4-01)
§ 50.09 RESPONSIBILITY FOR STORMWATER MANAGEMENT; FEES.
   (A)   Introduction.
      (1)   The town maintains a system for above ground and below ground stormwater management facilities including, but not limited to, inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components as well as natural waterways.
      (2)   Stormwater quality is degrading due to erosion and the discharge of nutrients, metals, oil, grease, toxic materials, and other substances into and through the stormwater system.
      (3)   The public health, safety, and welfare are adversely affected by poor ambient stormwater quality and quantity of stormwater.
      (4)   All real property in the town either uses or benefits from the maintenance of the stormwater system and managed discharges to the stormwater system.
      (5)   The extent of use of the stormwater system by each property is dependant on factors that influence runoff quantity and quality, including construction practices, land use, the amount of impervious surface and amount of denuded soil on the property.
   (B)   Purpose. This section establishes fees to support the town in addressing the issues presented in the introduction to this section. The fees include point of service fees for construction plan review and site inspections.
   (C)   Construction plan review and inspection fees.
      (1)   The plan review and construction site inspection fees to be charged for the review of stormwater related plans are hereby established as follows:
Residential developments    Initial   Re-submissions
1 to 4 lots   $350   $35
5 to 25 lots   $500   $50
26 to 75 lots   $1,000   $100
76 to 150 lots   $1,500   $150
150 or more lots   $2,500   $250
Sites with un-permitted construction underway 2X the above
Commercial developments   Initial   Re-submissions
Up to 5.0 acres   $500   $50
5.1 to 10.0 acres   $1,200   $120
10.1 to 25.0 acres   $2,000   $200
25.1 or more acres   $2,500   $250
Sites with un-permitted construction underway 2X the above
      (2)   Resubmission fees presented above may be waived for minor modifications at the sole discretion of the town or its designee.
      (3)   The plan review and construction site inspection fee may be adjusted from time to time by ordinance or resolution.
   (D)   Enforcement. The town is authorized to take appropriate legal action to require compliance with this section.
(Ord. 2005-011, passed 4-11-05)
§ 50.10 WITHDRAWAL AND REMOVAL OF TOWN WATER UTILITY FROM JURISDICTION OF INDIANA UTILITY REGULATORY COMMISSION.
   Under the authority of I.C. 8-1.5-3-9.1, the Town Council hereby authorizes the withdrawal and removal of the town water utility from the jurisdiction of the Indiana Utility Regulatory Commission.
(Ord. 2008-025, passed 10-13-08)
§ 50.11 BAD DEBT AND UNCOLLECTIBLE ACCOUNTS RECEIVABLE WRITE-OFF POLICY.
   (A)   As used herein, the term UNCOLLECTIBLE ACCOUNT shall have the following meaning: a delinquent account receivable for which the town or town’s water, sewer and sanitation departments have reasonably and diligently attempted collection, but in which such collection remains unsuccessful an amount more than $40.
   (B)   The town or town’s Water, Sewer and Sanitation Departments shall prepare an annual schedule of uncollectible accounts. The annual schedule shall consist of accounts the town or town’s Water, Sewer and Sanitation Departments have determined to be uncollectible.
   (C)   The town or town’s Water, Sewer and Sanitation Departments shall generate a statement setting forth the efforts that have been made to collect the account and a statement that such efforts have been unsuccessful.
   (D)   The town or town’s Water, Sewer and Sanitation Departments shall produce a statement, including the reasons therefore, that the town or town’s Water, Sewer and Sanitation Departments believe it is not economically feasible to pursue collection efforts on the specified uncollectible account.
   (E)   A schedule of uncollectible accounts shall be submitted to the Town Council for action by the Town Council to declare said accounts listed as collectible or uncollectible and may authorize the town or town’s Water, Sewer and Sanitation Departments to cease further collection procedures and expense the amounts outstanding on the accounts declared uncollectible as bad debts.
   (F)   When the Town Council has determined the debt to be uncollectible and the account is categorized in this manner, the town shall forward the accounts to a collection agency under a collection agreement for possible collection.
(Ord. 2011-011, passed 4-11-11)
§ 50.12 PAYMENT PLANS WITH DELINQUENT WATER CUSTOMERS.
   (A)   The Town Manager has the authority to enter payment plans with delinquent customers of the town’s Water Department for a term not to exceed six months.
   (B)   A copy of the payment plan is attached to Ord. 2018-OR-012 as Exhibit A.
   (C)   The President has the sole discretion as to whether to enter a payment plan. Furthermore, the President is under no obligation to enter into a payment plan.
(Ord. 2018-OR-012, passed 6-11-18; Am. Ord. 2022-OR-014, passed 6-27-22)
§ 50.13 ADJUSTMENT OF UTILITY BILLS.
   The Town Manager shall have the authority to adjust utility bills related to errors, equipment failures, and certain other reasons in accordance with local ordinances in an amount not to exceed $1,000.
(Ord. 2022-OR-013, passed 6-27-22)
CHAPTER 51: GARBAGE AND REFUSE; RECYCLING
Section
General Provisions
   51.01   Location of dumpsters; placement and storage of containers
   51.02   Maximum container size
   51.03   Collection
   51.04   Residences; apartment complexes
   51.05   Private contractors; written notice
   51.06   Billings; discontinuation of service
   51.07   Penalties; deposit of revenue
   51.08   Declaration of infractions
   51.09   Yard waste; pick-ups and regulations
   51.10   Hazardous waste disposal
   51.11   Landfill dumping
Recycling
   51.25   Definitions
   51.26   Establishment of mandatory program
   51.27   Billing and collection responsibilities
   51.28   Recycling Non-Reverting Escrow Fund
   51.29   Violations
   51.30   Enforcement
   51.31   Construction and interpretation
   51.32   Timely performance
   51.33   Amendments
Cross-reference:
   Health and Sanitation; Nuisances, see Chapter 95
Statutory reference:
   Management District, see I.C. 13-21-3-1 et seq.
GENERAL PROVISIONS
§ 51.01 LOCATION OF DUMPSTERS; PLACEMENT AND STORAGE OF CONTAINERS.
   (A)   No refuse or garbage collection service will be provided for private or commercial dumpsters, other than town dumpsters that may be located at the wastewater treatment plant for town use.
   (B)   Refuse containers for weekly trash collection shall be placed for collection at ground level accessible from the street or alley from which collection is made and placed at a minimum of three feet from any obstruction with the front of the receptacle facing the direction of collection. No variation from this section shall be permitted unless for good cause approved by the Street Commissioner.
   (C)   Receptacles for trash and yard waste shall not be kept on sidewalks or within the public right of way except within 12 hours before and after the day of usual pick up by the trash collectors.
   (D)   Regular storage of trash and yard waste receptacles shall not be within the front yard of the residence to be collected unless permitted for good cause approved by the Street Commissioner.
   (E)   Any person or landlord violating any provision of this chapter shall be subject to the following escalating penalties, which shall run on a yearly basis renewing each year:
      (1)   First offense: The town will issue a written warning.
      (2)   Second offense: $25 fine.
      (3)   Third offense: $50 fine.
      (4)   Fourth or more: $100 fine per offense.
(`93 Code, § 6-94) (Ord. 92-519, passed 2-24-92; Am. Ord. 2023-OR-020, passed 9-25-23)
§ 51.02 MAXIMUM CONTAINER SIZE.
   (A)   Each resident shall be allowed to use up to two 96 gallon containers for collection of refuse. Each container must be a pre-approved Town of Sellersburg container purchased from the town.
    (B)   The town will provide a smaller 64 gallon container for those individuals who are disabled, handicapped, or elderly and are unable to use the larger container. The request for a smaller container must be made in writing and state the reason the individual desires the smaller container. Each written request for a smaller container shall be determined on a case by case basis. This container shall be provided by the town at no cost to the resident.
   (C)   The town will not pick up any other refuse or garbage containers except those listed in this section.
   (D)   Residential property owners may not elect to be excluded from provisions of this section.
   (E)   No garbage will be picked up unless placed in a garbage can with lid covering the receptacle.
   (F)   Garbage can parts and labor. Each resident who has purchased a 96-gallon container(s) from the town shall be permitted to purchase replacement kits from the town. The costs of the kits are as follows:
      (1)   Lid kit: $35.
         TO99796         Lid
         TO5197-00-000      Lid strap clap
         TO5610-00-M5 22      Lid hinge fastener
      (2)   Wheel kit: $30.
         TO6250-10-0200      Wheel
         TO5647-00-ZIN C      Axle
         TO5215-00-PLT D      Axle pal nut
      (3)   Pick-up bar kit: $7
         TO5945-20-GAL V      Stop bar
      (4)   Installation service cost: $25.
      (5)   Each garbage can and parts associated therewith has a one year labor and parts warranty.
(`93 Code, § 6-95) (Ord. 92-519, passed 2-24-92; Am. Ord. 2002-007, passed 5-13-02; Am. Ord. 2018-OR-034, passed 12-17-18; Am. Ord. 2020-OR-030, passed 11-9-20)
§ 51.03 COLLECTION.
   Each owner, tenant or occupant of residential, commercial or business property in the town shall be afforded municipal refuse and garbage collection which shall include the removal of cardboard which has been stacked and tied in a bundle.
(`93 Code, § 6-96) (Ord. 516A, passed 12-23-91; Am. Ord. 99-719, passed - -99)
§ 51.04 RESIDENCES; APARTMENT COMPLEXES.
   (A)   The monthly service charge for the Town of Sellersburg to pick up one refuse container is $10 per container per residence.
   (B)   A resident of the Town of Sellersburg has the option of purchasing up to two garbage cans from the Town of Sellersburg for $75 per garbage can.
   (C)   All multiple housing units may have one 30-gallon garbage can per unit, up to eight units per parcel.
   (D)   Refuse and garbage collection under this section does not include yard waste collection.
(`93 Code, § 6-94) (Ord. 516A, passed 12-23-91; Am. Ord. 98-690, passed 5-1-98; Am. Ord. 2009-012, passed 6-8-09; Am. Ord. 2018-OR-034, passed 12-17-18)
§ 51.05 PRIVATE CONTRACTORS; WRITTEN NOTICE.
   (A)   Any business or commercial establishment may elect to have garbage removed by a private contractor, and if an election is made, then no service charge by the town will apply.
   (B)   (1)   This election must be in writing and filed with the Clerk/Treasurer.
      (2)   Residential property owners may not elect to be excluded from the chapter.
(`93 Code, § 6-98) (Ord. 516A, passed 12-23-91)
§ 51.06 BILLINGS; DISCONTINUATION OF SERVICE.
   Service charges, as specified in this chapter, shall be billed and collected by the Water Department Office. If the garbage fee is not paid when due, service will be discontinued.
(`93 Code, § 6-99) (Ord. 516A, passed 12-23-91)
§ 51.07 PENALTIES; DEPOSITS OF REVENUE.
   (A)   (1)   Revenue from service charge collections will be deposited in the Sanitation Fund within the town's general fund and payments of cost incident to the service of collection and disposition of refuse and garbage will be made from this Fund.
      (2)   Penalty for failure to pay the service charge shall be the same as penalty for failure to pay water charges.
(`93 Code, § 6-100) (Ord. 516A, passed 12-23-91)
   (B)   This chapter authorizes the dispatcher of the Police Department to accept payment of fines imposed under this chapter on behalf of the town.
(`93 Code, § 6-103) (Ord. 453, passed 4-25-88)
§ 51.08 DECLARATION OF INFRACTIONS.
   It shall be an infraction for any person to place refuse, garbage or any tangible item, substance or material in the garbage receptacle, dumpster or garbage bin of another person, except as provided in § 51.01.
(`93 Code, § 6-101) (Ord. 453, passed 4-25-88) Penalty, see § 10.99
§ 51.09 YARD WASTE; PICK-UPS AND REGULATIONS.
   (A)   Each owner or occupant of property served by the municipal refuse and garbage collection service will receive two pick-ups per month for yard waste and other yard debris and vegetative materials such as limbs, sticks and leaves.
(`93 Code, § 6-104)
   (B)   (1)   Container requirements; pick-up.
         (a)   Each owner and occupant of property within the town which is served by the town municipal refuse and garbage collection services shall be entitled to dispose of six bags of yard waste per pick-up, or in the alternative, two 32-gallon containers which have been clearly marked for yard waste. Each owner and occupant shall be entitled to dispose of 12 30-gallon bags per month or four 32-gallon containers per month, whichever the occupant shall elect.
         (b)   The owner and occupant will provide their own paper receptacle and/or 32-gallon container receptacle for the pickup of yard waste.
         (c)   Failure of the owner or occupant of the property to use paper bag receptacles or tied bundles of limbs and branches in the manner set forth above, or clearly mark their 32-gallon container, will result in the refusal of the municipal refuse and garbage collection service to pick up the bags, containers and/or branches and leaves.
      (2)   Entitlement. Each owner and occupant of property served by the municipal refuse and garbage collection shall be entitled to have picked up two times per month 15 limbs no larger than three inches in diameter at the largest point. The limbs left for pickup shall be stacked with the largest portion of the limb facing the curb.
      (3)   Paper receptacles. The owner and occupant will provide their own paper receptacles for the pick-up of yard waste.
      (4)   Pick-ups. The pick-up of the yard waste and bundles of limbs, branches and the like, shall be made on the days the recycling pick-ups are made.
      (5)   Failure of owner; receptacles. Failure of the owner or occupant of the property to use paper bag receptacles or tie bundles of limbs and branches in the manner set forth above will result in the refusal of the municipal refuse and garbage collection service to pick up the bags and/or branches and leaves. All paper bags must be closed in some fashion.
      (6)   Waste mixed with garbage; prohibition. There shall be no yard waste, leaves, limbs or vegetative material allowed to be mixed with garbage. Failure to comply with this requirement shall result in the municipal refuse and garbage collection's refusal to pick up the garbage set out for collection.
(`93 Code, § 6-105)
(Ord. 95-619, passed 4-24-95; Am. Ord. 95-630, passed 8-28-95; Am. Ord. 99-718, passed 6- -99; Am. Ord. 2000-006, passed 5-8-00)
§ 51.10 HAZARDOUS WASTE DISPOSAL.
   (A)   The town prohibits, within its town limits, facilities intended for disposal, destruction of or recycling of toxic chemicals, radioactive waste, heavy metals, asbestos and other forms of hazardous waste, whether through incineration, land filling or other mechanical, chemical or technological means.
   (B)   Any facility not restricted in the foregoing division shall not be located within one mile of any other business, residence, church, school, health-care facility or child-care facility, as measured from the point of admission, discharge or regulated activity to the nearest property limit.
   (C)   Any facility not restricted in the preceding divisions must meet all applicable construction and operating standards of local, state and federal regulatory agencies, including but not limited to Clark County Health Department, Indiana State Board of Health, Indiana Department of Environmental Management and Indiana State Environmental Protection Agency.
(`93 Code, § 6-106) (Ord. 94-586, passed - -94)
§ 51.11 LANDFILL DUMPING. 
   (A)   There shall be no landfill dumping within the municipal limits of the town without a state permit approving said landfill dumping;
   (B)   This section is enacted to define the dumping, the control of the dumping and disposal of fill, material within the municipal limits of the town and to establish the penalties for violation of this section as well as providing for the cleanup for any violation thereof for purposes of this section, the following definitions shall apply unless the context clearly indicates it requires a different meaning.
   (C)   Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DISCARDING. The disposal of any solid waste material which is abandoned, recycled or inherently waste like and which is placed upon land in a manner that constitutes the disposal of the same or is used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land in which cases the product itself remains a solid waste.
      DUMPING. The discarding of items of solid waste commonly known as gravel, soil, earthen material, rock, concrete (whether whole or crushed), asphalt (whether whole or crushed), any construction or demolition materials.
      FILL. Gravel, soil, rock, concrete (whether whole or crushed), asphalt (whether whole or crushed), construction or demolition materials or any combination thereof To add earth, soil, rock, etc., to a low land until a required level is reached. A piece of land artificially raised to a required level.
      PERSON. Any person, corporation, organization, partnership, or other entity.
   (D)   No person shall engage in the filling or dumping at any location within the municipal limits of the town unless such location shall be an approved landfill site.
   (E)   The Town Council desires to regulate within its town limits the dumping of any fill dirt in all areas within the municipal limits of the town and specifically requires that each person whether having obtained a State permit for said landfill dumping or desiring to place more than a cumulative amount of six cubic yards of dirt within a 365-day period or place any construction or demolition materials or any combination thereof on any parcel shall present to the Town Building Commissioner a proposal and plan for dumping of any fill dirt or material within the municipal limits of the town and obtain a Location Improvement Permit prior to the initiation of any fill material dumping.
   (F)   If the Town Building Commissioner refuses to grant approval to the person desiring place more than six cubic yards of dirt or place any construction or demolition materials or any combination thereof on any parcel within the municipal limits of the town, said person shall be entitled to file an appeal with the Town Board of Zoning Appeals for consideration. The decision of the Town Board of Zoning Appeals shall be final.
   (G)   Any person who does not obtain a Location Improvement Permit after a denial of approval by the Town Building Commissioner and thereafter places more than six cubic yards of dirt or place any construction or demolition materials or any combination thereof on any parcel shall be fined not more than $1,000 per day and not less than $250 per day for the violation. In addition, this person may be required to remove fill dirt, fill material, or construction or demolition materials or any combination thereof, which has been placed or dumped without the approval of the Town Building Commissioner or the Town Board of Zoning Appeals.
      (1)   In the event the town shall be required to pursue legal action to prevent or stop dumping of fill dirt, fill material or construction or demolition materials or any combination thereof, if the person is found to be in violation of this section, said individual will be required to pay the town's legal costs and fees associated with the enforcement of this section.
      (2)   If the Town Building Commissioner, or the Town Board of Zoning Appeals grants the authority to the person for the placement of more than six cubic yards of dirt or place any construction or demolition materials or any combination thereof on any parcel within the municipal limits of the town, the person who dumps said fill dirt or placed any construction or demolition materials or any combination thereof on any parcel shall state the time period in which said fill dirt or construction or demolition materials or any combination thereof will be allowed to be dumped, and the exact content of all fill material. In no event shall a person be authorized to dump fill material within the municipal limits of the town for a period of more than three months without obtaining an extension from the Town Building Commissioner. If the Town Building Commissioner refuses to grant the extension of time, the person shall be entitled to appeal their decision to the Board of Zoning Appeals. The decision of the Town Board of Zoning Appeals shall be final.
   (H)   Anyone having knowledge of any dumping at any location throughout the town shall give such information to a law enforcement officer or the Town Building Commissioner who shall investigate the site, along with the assistance of such other town officials that are deemed necessary to determine from what source said fill material or fill dirt has originated, the manner of dumping, and whether the owner or person in possession of the property on which the fill dirt or till material is located is aware and consented to said dumping.
   (I)   Upon determining the identity landowner listed on the property record maintained by the Clark County Auditor, the Town Building Commissioner shall issue a written order in person or by certified mail, directed the owner of said real property on which the dumping has occurred, to remove and cleanup said fill dirt, fill material or any construction or demolition materials or any combination thereof within the time period of no less than 30 days. Failure to comply with this order shall require the Town Building Commissioner to initiate the cleanup and removal of said materials as required and all costs and expenses associated with the removal and cleanup of said materials, including but not limited to all land fill fees of an approved landfill site, and all town law enforcement officials' time incurred in the enforcement of this section, shall be chargeable to the person, individual, corporation, organization, partnership or entity identified with said dumping location.
   (J)   Any person identified as having violated the prohibited dumping provisions of this section and who are owners of real property within the municipal limits of the town shall have the cost of said cleanup of the area billed to said property owner. If the property owner fails to pay the charges associated with the cleanup within 60 days from the date of mailing, then said costs shall be assessed and certified to the Clark County Auditor and Treasurer, said costs and assessment shall be placed on the tax role of such property owner as an additional assessment for "dumping clean up" and shall be payable by such property owner in the same manner and subject to the same penalties as real property taxes. In the alternative, the Town Attorney shall be entitled to seek injunctive or other relief through the courts of Clark County, and obtain orders requiring individuals, corporations, partnerships, organizations, including non-profit organizations to clean up the dumping area and prohibiting further and future dumping in violation of this section.
   (K)   In the event that the area of fliedumped materials is owned by more than one corporation, individual, or entity or there is information identifying more than one individual, person, corporation, or entity for the cleanup of the whole dumpsite, all actions authorized under this section shall be taken against any and all such violators regardless if other such individuals are located.
   (L)   A fee of $250 shall be collected by the Town Building Commission for the issuance of a location improvement permit as required by this section.
(Ord. 2000-19, passed 10-9-00; Am. Ord. 2017-OR-002, passed 1-30-17) Penalty, see § 10.99
RECYCLING
§ 51.25 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CONTRACT AREA. The geographical area within the legal corporate and municipal limits of the City of Jeffersonville, the Town of Clarksville, the City of Charlestown, the Town of Sellersburg and the areas of unincorporated Clark County, which are contiguous to areas receiving curbside recycling services as of April, 1998, or which become contiguous to areas which receive curbside recycling services and which have sufficient population as to make curbside recycling feasible.
   CONTRACT TERM. The length of time and duration of a curbside recycling contract entered into by the district with a curbside recycling service firm, including all extensions.
   ELIGIBLE PARTICIPANT.
      (1)   The occupant of each and every single- family residence; and
      (2)   The owner(s) (regardless of any rental arrangement) of each and every multi-family dwelling unit generating solid waste and recyclable materials within the contract area.
   ENFORCEMENT OFFICERS. All regular and reserve police officers of the Clark County Sheriff's office, the Jeffersonville Police Department, the Clarksville Police Department, the Charlestown Police Department, the Sellersburg Police Department, the Indiana State Police and shall also include all investigative personnel and representatives of the Clark County Health Department, the Clark County Solid Waste Management District staff and the Engineering Departments of Clark County, Indiana, the City of Jeffersonville, the Town of Clarksville, the City of Charlestown and the Town of Sellersburg.
   MULTI-FAMILY RESIDENCE. A living unit which is not a single-family residence and includes, but is not limited to, duplex buildings; townhouses or flats with common walls; apartment complexes and buildings; boarding rooms; mobile home pads, lots and/or any other unit used to distinguish a site upon which a mobile home can be affixed; and the like, wherein persons regularly reside. Possession of assigned mailing addresses for individual units is considered some evidence, though not solely determinative, of a MULTI-FAMILY RESIDENCE.
   RECYCLING NON-REVERTING ESCROW FUND. A special separate Recycling Non-Reverting Cash Fund established by each of the following governmental entities subject to this subchapter: the City of Jeffersonville, the Town of Clarksville, the City of Charlestown, the Town of Sellersburg and the Board of Commissioners of Clark County for purposes of administering the vendor contract in the 1990 Census Tract 506.04 of unincorporated Clark County. This Fund shall be the sole depository for eligible participant user fees collected by the respective cities and towns and the Commissioners during the contract term. This Fund shall also be the depository for any funds and/or civil judgments collected for ordinance violations in the respective cities, towns and the above census tract. This fund (as established by the cities, towns and Commissioners, respectively) shall be the primary source from which these governmental entities and officers shall pay their respective vendor contract obligations to the district. Its usage shall be governed and determined by resolution and ordinance.
   SCAVENGING. Any removal, displacement or disturbance of any materials placed within a designated recycling container, either at a curbside or at any other location selected by the district in the contract area or outside of the contract area within the district in the county, after the container has been placed at curbside or at its designated location for collection by the vendor.
   SINGLE-FAMILY RESIDENCE. A house, residential building, residential garage, residential barn or residential outbuilding wherein persons, either individuals or families, reside on a regular basis and comprise a single-family household. Possession of an assigned mailing address for an individual or for a head of a family or household is considered some evidence, though not solely determinative, of a SINGLE-FAMILY RESIDENCE.
   VENDOR. The business entity with whom the district contracts for curbside recycling services in the contract area.
   VENDOR CONTRACT and VENDOR CONTRACTS. The curbside recycling vendor contract or contracts, and any additions or amendments thereto, entered into and approved by the district for institution of a curbside recycling program in the contract area defined above.
(`93 Code, § 6-140) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)
§ 51.26 ESTABLISHMENT OF MANDATORY PROGRAM.
   (A)   There is established a mandatory curbside recycling program in the contract area and all residences located therein are, effective January 1, 1994, required to participate in the mandatory curbside recycling program which shall be implemented, managed and controlled by the district.
   (B)   There is imposed a monthly recycling assessment for the occupant of each residence and for the owners of each multi-family dwelling (“eligible participants”) that is in existence in the contract area, including those eligible participants specifically located in the contract area. The district reserves the right, on one occasion during each year of the vendor contract, after 90 days' written notification given, to the Commissioners and to the executives of the cities and towns in the contract area, to increase this assessment, if necessary to meet district obligations in relation to the vendor contract. Increases shall be effective according to the terms of the notification.
(`93 Code, § 6-141) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)
§ 51.27 BILLING AND COLLECTION RESPONSIBILITIES.
   (A)   (1)   The cities and towns, and the Commissioners relative to the county area, by execution hereof and joinder herein, shall be responsible, effective January 1, 1994, for assisting the district in issuing quarterly billings to each eligible participant within the contract area, in the sums designated in § 51.26(B). The district shall be solely responsible for implementing a billing and collection procedure for all curbside recycling service in the contract area.
      (2)   The mode and manner of the billing and collection process shall be left to the discretion of the district. The cities, towns and the Commissioners in the contract area expressly agree to assist the district in an effort to implement and supplement the district's billing and collection responsibilities. All monies collected by the district, pursuant to billings described herein, shall be remitted to the cities, towns and the Commissioners, respectively, in the net amount remaining after the district deducts therefrom each governmental entity's respective payment obligations for the vendor contract provided for by this subchapter.
      (3)   All monies so remitted to each governmental entity that joins in this subchapter and the interlocal agreement shall be held in the Recycling Non-Reverting Escrow Fund created by each respective governmental entity and there shall be no expenditures from the fund except as provided for by the terms of this subchapter and the interlocal agreement.
   (B)   (1)   Should collections from the cities and towns, or the Commissioners relative to the county area, be insufficient to meet the contract obligations of any governmental entity that is a party hereto, then the district shall (first) issue a written notice to the executive of the governmental entity requiring payment of that entity's contract obligations from any other fund under the control of that entity. Payment shall be remitted to the district before the expiration of 15 days after the mailing date of the written notice issued by the district.
      (2)   If the payment is not timely made, the district shall be entitled to initiate a civil action to seek a judgment in any circuit, superior or county court for the amount due from a governmental entity. If the district is caused to initiate the court action, the cities and towns, and the Commissioners relative to the county area, by execution and adoption hereof and joinder herein, agree to entry of judgment, in the amount due the district for any billing, against their respective governmental entity and agree that the amount due shall be paid from any fund within the control of the nonpaying governmental entity, as selected by the district.
      (3)   The nonpaying entity shall be liable for the costs and attorney fees incurred by the district in the litigation and these amounts shall be included in the total amount collected by the district. Notwithstanding the above provisions for entry of a judgment at law, the district shall be entitled, in its discretion, to seek injunctive relief, in the courts designated above, against any governmental entity that is a party to this subchapter and the interlocal agreement to enjoin any entity for refusing to comply with any term of these instruments, respectively. In such cases where injunctive relief is successfully obtained, the district shall be entitled to recover all costs and attorney fees incurred as a result of having to file a court action against any governmental entity that is a party to these instruments.
   (C)   In addition to deposits made in the Recycling Non-Reverting Escrow Fund from collections payable from eligible participants, the cities, towns and Commissioners relative to the county area shall be entitled to deposit all collections from civil judgments and/or court enforcement actions brought against violators of this subchapter into this Fund.
(`93 Code, § 6-142) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)
§ 51.28 RECYCLING NON-REVERTING ESCROW FUND.
   (A)   Title to the Recycling Non-Reverting Escrow Fund of each governmental entity subject to this subchapter shall be vested in the governmental entity that created the Fund pursuant to this subchapter. Each entity may select a banking institution of its choice as depository for this Fund. The institution so selected, the account number of the Fund and copies of monthly bank statements of the fund shall be delivered to the controller of the district during the contract term, within ten days of the date the depository mails it to each governmental entity. Each entity shall be entitled to invest the monies, for a term not exceeding three months, not presently due or anticipated to be due the district so as to increase its value and worth.
   (B)   All income earned from the investments shall belong to the entity holding title to the Fund. The Fund shall be expended, during the contract term, only for expenses and vendor contract payment obligations due the district as a result of the operation, maintenance and management of the vendor contract.
   (C)   The cities and towns, and the Commissioners relative to the county area, shall be entitled to make other expenditures from the Recycling Non-Reverting Escrow Fund:
      (1)   Only after their respective contract payment obligations are paid in full to the district through the entire contract term; or
      (2)   For other purposes relating to recycling and solid waste reduction prior to expiration of the contract term and upon majority approval of the District Board of Directors after consideration of the requesting entity's then-remaining contract obligations.
   (D)   The cities, towns and Commissioners shall establish withdrawal procedures from their respective Recycling Non-Reverting Escrow Fund providing that no withdrawals from the Fund can be made, for so long as the entity has outstanding or future obligations to the vendor contract, without the signature of the controller of the district upon any withdrawal document or instrument.
(`93 Code, § 6-143) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)
§ 51.29 VIOLATIONS.
   (A)   It shall be a violation of this subchapter for any eligible participant to refuse to pay the assessment imposed pursuant to § 51.26(B).
   (B)   It shall be a violation of this subchapter for any person or entity, or for any agent of any person or entity, to perform any act of scavenging both inside of and outside of the contract area, but within the district, during the contract term.
   (C)   It shall be a violation of this subchapter for any person or entity, or for any agent of any person or entity, to interfere with, disturb, prevent or attempt to prevent any vendor performing services pursuant to the vendor contract from performing those services at any place or location in the district.
   (D)   It shall be a violation of this subchapter for any person or entity, or for any agent of any person or entity, to mix or commingle recyclable materials and nonrecyclable materials in any container provided by the district, at any location within the district, and the vendor for pick-up of recyclable materials only.
(`93 Code, § 6-144) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99) Penalty, see § 10.99
§ 51.30 ENFORCEMENT.
   (A)   (1)   A citation is authorized to be issued, by any enforcement officer designated above, against the owner of any residence who violates any of § 51.29.
      (2)   The citation shall constitute a civil complaint that may be prosecuted in any circuit, superior or county court.
      (3)   The attorney for the district, or any attorney hired by the district, and/or the respective city/town attorneys for the cities and towns and/or the attorney for the Commissioners shall be, and are authorized to represent the respective governmental entity (“plaintiff”) that retains them for purposes of prosecuting the civil complaint.
   (B)   (1)   After institution of the civil complaint enforcement action, and after issuance of summons as required by the Indiana Rules of Trial Procedure, the plaintiff shall be required to prove an ordinance violation hereunder by a preponderance of evidence before the judge of any court designated herein.
      (2)   All civil complaint enforcement trials shall be to the bench only and not to a jury, unless otherwise required by law or the court.
   (C)   Should the plaintiff prove a violation of § 51.29 by a preponderance of evidence in any civil complaint enforcement action, the court shall assess a civil judgment in the sum of not less than $1 nor more than $2,500, plus court costs and attorney fees incurred in prosecuting the action.
(`93 Code, § 6-145) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)
§ 51.31 CONSTRUCTION AND INTERPRETATION.
   All provisions of this subchapter shall be subject to, and interpreted by, Indiana law. As between the cities and towns, the Commissioners and the district, all entities and officials expressly agree that any ambiguities in the interpretation, application or management of this subchapter, or any terms hereof, shall be resolved in favor of the district.
(`93 Code, § 6-146) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)
§ 51.32 TIMELY PERFORMANCE.
   Time shall be of the essence of this subchapter. All performance required hereunder by an eligible participant, city, town or the Commissioners shall be timely performed.
(`93 Code, § 6-147) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)
§ 51.33 AMENDMENTS.
   The terms of this subchapter and the Interlocal Joint Cooperation Agreement may be amended by a simple majority vote of the District Board of Directors, after which proposed amendments shall be submitted to all governmental entities who are parties to these instruments. These entities agree that amendments shall be effective upon passage and approval, by simple majority, of the city councils, town boards or board of commissioners, respectively, for the governmental entities. However, this amendment procedure may not be used as a means to withdraw from participation in, or obligations under, this subchapter and the interlocal joint cooperation agreement during the term of the vendor contract.
(`93 Code, § 6-148) (Ord. 1993-10, passed 6-28-93; Am. Res. 99-01, passed 1-5-99)
CHAPTER 52: WATER
Section
General Provisions
   52.01   Wastewater summer averaging
   52.02   Adjustments for the filling up of swimming pools with water
Rates and Charges
   52.15   Rates and effective date based on water supplied
   52.16   Monthly metered rates
   52.17   Wholesale customer rates
   52.18   Minimum monthly charges
   52.19   Fire protection rates
   52.20   Rates for temporary users
   52.21   Connection charges/fees
   52.22   Reestablishment of service; surcharge
   52.23   General service charge; surcharge
   52.24   Security deposits; administration fee
   52.25   Collection or deferred payment
   52.26   Insufficient funds charges
   52.27   Payment in lieu of taxes
   52.28   Reasonable returns
Sump Pumps
   52.40   Requirements
   52.41   Discharge of surface waters prohibited
Potable Water Cross-Connection Control Program
   52.50   Potable water cross-connection control program
Cross-reference
   Withdrawal and removal of town water utility from jurisdiction of Indiana Utility Regulatory Commission, see § 50.10
GENERAL PROVISIONS
§ 52.01 WASTEWATER SUMMER AVERAGING.
   All residential users (as defined below) connected to the town wastewater treatment plant may be exempt from payment for certain sewer use charges only on the water not specifically discharged into the town’s sewage system under the following terms and conditions:
   (A)   In the event that water usage for the months of June, July, August, and September (“summer months”) is greater than the average amount of water used by said residential user during October, November, December, and January (“winter months”) of the preceding year, then billing for sewage service for summer months shall be based upon the average of the water usage during the winter months.
   (B)   In the event that water usage is less during the summer months as compared to the winter months, then billing shall be based upon the actual water usage in said months.
   (C)   The term RESIDENTIAL USER shall mean and apply to each lot, parcel of real estate or building which is occupied and used solely as a residence. The summer rate does not apply to any premises, which are partially or wholly, used for commercial or industrial purposes including, but not limited to, hotels/motels, retirement/nursing home facilities, rooming house, apartment complexes, multi-family complexes, resident training or educational facilities, other commercial properties housing groups of individuals or anything similar thereto.
(Ord. 2021-OR-010, passed 4-26-21)
§ 52.02 ADJUSTMENTS FOR THE FILLING UP OF SWIMMING POOLS WITH WATER.
   (A)   Any wastewater customer (the “Customer”) of the town may rent a garden hose meter from the town’s billing office for a 72-hour timeframe to track the amount of gallons used when filling their swimming pool that will ultimately by-pass the wastewater treatment system of the town.
   (B)   Process.
      (1)   The wastewater customer shall visit the town’s billing office and execute a rental agreement, which is incorporated herewith, for a garden hose meter from the town free of charge.
      (2)   The customer shall return the meter within 72 hours and is responsible for the full replacement cost of the meter should it be returned in an inoperable manner.
      (3)   Failure to return the meter within 72 hours will result in a $50 per day late fee for the first two days after the expiration of the 72 hours and $100 per day late fee thereafter to be paid immediately.
(Ord. 2020-OR-009, passed 6-8-20)
RATES AND CHARGES
§ 52.15 RATES AND EFFECTIVE DATE BASED ON WATER SUPPLIED.
   There shall be and there are established for the use of and the service rendered by the waterworks system of the town the following rates and charges, based on the use of water supplied by the waterworks system. The rates and charges, established herein, shall become effective for all customers of the town water utility (connected or to be connected), upon installation and usage of the water meter serving said customer and property.
(`93 Code, § 9-10) (Ord. 511, passed 10-28-91; Am. Ord. 2023-OR-012, passed 5-22-23)
§ 52.16 MONTHLY METERED RATES.
   The following rates and charges are established based on the monthly rate per 1,000 gallons:
   (A)   Meter consumption for the first 2,500 gallons shall be $6.32.
   (B)   Meter consumption for the next 500 gallons shall be $5.20.
   (C)   Meter consumption for the next 2,000 gallons shall be $4.30.
   (D)   Meter consumption for the next 15,000 gallons shall be $3.45.
   (E)   Meter consumption for the next 30,000 gallons shall be $2.55.
   (F)   Meter consumption for over 50,000 gallons shall be $1.96.
(`93 Code, § 9-11) (Ord. 511, passed 10-28-91; Am. Ord. 2013-014, passed 11-11-13)
§ 52.17 WHOLESALE CUSTOMER RATES.
   The monthly metered rates established for wholesale customers for the Rural Membership Water Corporation of Clark County shall be $2.10.
(`93 Code, § 9-12) (Ord. 511, passed 10-28-91; Am. Ord. 2013-014, passed 11-11-13)
§ 52.18 MINIMUM MONTHLY CHARGES.
   The minimum monthly charges shall be as follows:
   (A)   For a -inch to ¾-inch meter with 2,033 gallons allowed for the minimum, the rate shall be $12.85.
   (B)   For a one-inch meter with 6,410 gallons allowed for the minimum, the rate shall be $31.86.
   (C)   For a 1¼-inch meter with 13,800 gallons allowed for the minimum, the rate shall be $57.36.
   (D)   For a 1½-inch meter with 19,394 gallons allowed for the minimum, the rate shall be $76.66.
   (E)   For a two-inch meter with 37,254 gallons allowed for the minimum, the rate shall be $122.75.
   (F)   For a three-inch meter with 133,495 gallons allowed for the minimum, the rate shall be $318.90.
   (G)   For a four-inch meter with 221,000 gallons allowed for the minimum, the rate shall be $490.41.
   (H)   For a six-inch meter with 439,769 gallons allowed for the minimum, the rate shall be $919.20.
(`93 Code, § 9-13) (Ord. 511, passed 10-28-91; Am. Ord. 2013-014, passed 11-11-13)
§ 52.19 FIRE PROTECTION RATES.
   (A)   Metered consumption (rate per 1,000 gallons).
 
Phase I
Phase II
First 2,500 gallons
$7.29
$8.27
Next 500 gallons
$6
$6.80
Next 2,000 gallons
$4.96
$5.62
Next 15,000 gallons
$3.98
$4.51
Next 30,000 gallons
$2.94
$3.33
Over 50,000 gallons
$2.26
$2.56
 
   (B)   Wholesale customers (rate per 1,000 gallons).
 
Phase I
Phase II
Rural Membership Water Corporation of Clark County
$2.42
$2.74
 
   (C)   Minimum charge (per month).
Gallons Allowed for Minimum
Phase I
Phase II
Gallons Allowed for Minimum
Phase I
Phase II
5/8 - 3/4 inch meter
2,033
$14.82
$16.81
1 inch meter
6,410
$36.76
$41.67
1 1/4 inch meter
13,800
$66.17
$75
1 1/2 inch meter
19,394
$88.43
$100.23
2 inch meter
37,254
$141.5 7
$160.42
3 inch meter
133,495
$367.7 4
$416.61
4 inch meter
221,000
$565.5 1
$640.63
6 inch meter
439,769
$1,059. 92
$1,200. 67
 
   (D)   Private fire protection - sprinklers (per annum).
Phase I
Phase II
Phase I
Phase II
1 1/2 inch connection
$62.07
$70.39
2 inch connection
$110.20
$124.97
2 1/2 inch connection
$172.26
$195.34
3 inch connection
$248.03
$281.27
4 inch connection
$441.22
$500.34
6 inch connection
$992.64
$1,125. 65
8 inch connection
$1,764. 65
$2,001. 11
 
   (E)   Fire protection - hydrants (per annum).
 
Phase I
Phase II
Private hydrants - per hydrant
$992.64
$1,125. 65
Surcharge per customer within 1,000 feet of a fire hydrant (per month)
$5.05
$5.73
 
   (F)   Phase I and Phase II water and fire protection rates will go into effect on May 1, 2021 and May 1, 2022 respectively.
(`93 Code, § 9-14) (Ord. 511, passed 10-28-91; Am. Ord. 2003-018, passed 9-8-03; Am. Ord. 2013-014, passed 11-11-13; Am. Ord. 2021-OR-006, passed 2-22-21)
§ 52.20 RATES FOR TEMPORARY USERS.
   Water furnished to temporary users, such as contractors and the like, shall be charged on the basis of the metered rates hereinbefore set forth as estimated and established by the Waterworks Superintendent.
(`93 Code, § 9-15) (Ord. 511, passed 10-28-91; Am. Ord. 2003-018, passed 9-8-03)
§ 52.21 CONNECTION CHARGES/FEES.
   The applicant shall pay a charge to cover the costs of excavating and tapping the main; furnishing and installing service pipe from the main to the lot line; furnishing and installing corporation and stop cocks; and furnishing and installing meter cock (if outside), yoke and meter. The fees are as follows:
   (A)   ¾” meter tap shall be $1,300.
   (B)   1" meter tap shall be $1,500.
   (C)   Any meter larger than 1" tap shall be $4,500.
(`93 Code, § 9-16) (Ord. 511, passed 10-28-91; Am. Ord. 2003-018, passed 9-8-03; Am. Ord. 2013-014, passed 11-11-13; Am. Ord. 2019-OR-009, passed 4-8-19; Am. Ord. 2020-OR-012, passed 7-13-20)
§ 52.22 REESTABLISHMENT OF SERVICE; SURCHARGE.
   (A)   The reestablishment of service charge shall be $30.
   (B)   When the service is turned off for nonpayment of a bill, or whenever, for any reason beyond the control of the waterworks, the customer shall pay a charge for re-establishment of service to cover the cost of discontinuance and reestablishing service. The fees are as follows:
      (1)   During regular office hours.$40
      (2)   After hours, weekends and holidays.$50
(`93 Code, § 9-17) (Ord. 511, passed 10-28-91; Am. Ord. 2003-018, passed 9-8-03; Am. Ord. 2013-014, passed 11-11-13; Am. Ord. 2019-OR-009, passed 4-8-19)
§ 52.23 GENERAL SERVICE CHARGE; SURCHARGE.
   This fee shall be made to cover the cost of any trip to the customer’s premises at the request of the customer for conditions on the customer’s side of the meter. The fees are as follows:
   (A)   During regular office hours.      $40
   (B)   After hours, weekends and holidays.    $50
(`93 Code, § 9-19) (Am. Ord. 2003-018, passed 9-8-03; Am. Ord. 2013-014, passed 11-11-13; Am. Ord. 2019-OR-009, passed 4-8-19)
§ 52.24 SECURITY DEPOSITS; ADMINISTRATION FEE.
Editor’s note:
   Ord. 2009-001, passed February 23, 2009, provides for the elimination of refundable deposits for sewer service and water service accounts, and the institution of an administration fee (see § 53.115 ). Ord. 2009-014, passed June 8, 2009, provides guidelines for the return of deposits already collected.
§ 52.25 COLLECTION OR DEFERRED PAYMENT CHARGE.
   All bills for water services not paid within 15 days from the due date thereof, as stated in such bills, shall be subject to the collection or deferred payment charge of 10% of the first $3 and 3% on the excess over $3. Postage for delinquent notices shall be added to such bills.
(`93 Code, § 9-22) (Ord. 511, passed 10-28-91; Am. Ord. 2003-018, passed 9-8-03; Am. Ord. 2013-014, passed 11-11-13)
§ 52.26 INSUFFICIENT FUNDS CHARGE.
   The Town Council hereby adopts the provisions of I.C. 35-43-5-5 thereby establishing a service fee for all insufficient fund checks or drafts. The service fee shall not exceed the greater of $27.50 or 5% (but not more than $250) of the amount due on any insufficient fund check or draft which has not been paid by a credit or financial institution.
(`93 Code, § 9-23) (Ord. 511, passed 10-28-91; Am. Ord. 2003-018, passed 9-8-03; Am. Ord. 2011-016 passed 7-11-11)
§ 52.27 PAYMENT IN LIEU OF TAXES.
   The Town Council elects to pay the town, from water rates and charges, payment in lieu of property taxes as provided in I.C. 8-1.5-3-8.
(`93 Code, § 9-24) (Ord. 511, passed 10-28-91)
§ 52.28 REASONABLE RETURNS.
   The Town Council elects to earn a reasonable return on its utility plant in accordance with I.C. 8-1.5-3-8.
(`93 Code, § 9-25) (Ord. 511, passed 10-28-91)
SUMP PUMPS
§ 52.40 REQUIREMENTS.
   (A)   Sump pump systems. Sump pump systems shall be recommended in present residential, commercial and industrial buildings and required in such structures which are new construction expect in situations of an on grade construction.
   (B)   Storm water discharge prohibited. It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storm water, ground water, roof run-off, pond overflow, well water or water from residential, industrial, or commercial air conditioning systems to drain into the sanitary sewer system of the town. No rainspout, or other form of surface drainage and no foundation drainage or sump pump shall be connected or any substance other than sanitary sewage discharged into any sanitary sewer except as provided herein. It is unlawful for any person or residence to discharge any water from roof, surface, and perimeter drain tile, footing tiles, swimming pools, hot tubs or other natural precipitation into the sanitary sewer or adjoining properties.
   (C)   Sump pump discharge. Dwellings, buildings and structures may use a permanently installed sump pump and discharge line to the outside to prevent the inflow infiltration of clear water into the sanitary sewer, except as provided herein. A permanent installation shall provide for year round discharge capability to the outside of the building, connected to a storm sewer, or discharges through the curb to the street. When required, the discharge line from the sump pump shall be of rigid construction without valving or quick connection for altering the path of the discharge.
   (D)   Seasonal waivers. The Utility Administrator or other designated person(s) shall have the power and duty of hearing and deciding requests for seasonal waivers from the applicability of the provisions of this subchapter where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause resulting safety problem(s). Application for waiver shall be addressed in writing to the Utility Administrator or other designated person(s). The applications should identify the property for which a waiver is being sought, the name of the property owner/applicant and describe in detail what characteristics of the subject property create undue hardship. Within a reasonable time, not to exceed 30 days, the Utility Administrator or other designated person(s) shall make a decision on the waiver and serve a copy of such order to the applicant by mail. Upon approval of an application for a waiver, the property owner shall be allowed to temporarily pump into the sanitary sewer system between the dates of November 1 through April 1. The holder of a waiver shall request an authorized town employee to certify that prior to April 15 of each subsequent year, the property owners' discharge water connection has been removed from the sanitary sewer. Failure of the property owner to obtain such certification shall be a violation of the herein subchapter.
   (E)   Variance. Any application for a variance shall be addressed to the Board of Zoning Appeals in writing, with no application fee. The application shall identify the property for which the variance is being sought, the name of the property owner/applicant and describe in detail what characteristics of the subject property create a problem. The Zoning Appeals Board will discuss and suggest a solution to the problem with the owner/applicant. If the property owner is not satisfied with the suggested solution they may present the issue to the Town Council for a determination of the matter.
   (F)   Drain title system. A drain tile, sump basket, pump, electrical receptacle and pipe connection to the outside shall be recommended for any existing present residential buildings and required for new residential buildings within the town. The Building Commissioner may determine the need for such installation when slab on grade construction occurs. The system shall be installed as follows:
      (1)   The building shall have a drain tile placed around the perimeter of the foundation connected to a sump pit. The sump pit shall be located at least ten feet away from any inside floor drain on all new construction.
      (2)   When required a discharge pipe shall be installed to the outside wall of the building with recommended rigid pipe (plastic, copper, galvanized or black pipe). When required the sump pump electrical supply shall be installed as required by the Sellersburg Building Code.
      (3)   When the construction consists of hollow masonry units, weep hoses shall be inserted into every core of each block of the first course and placed into the gravel filled trench in such a manner of protect the hoses from blockage when the concrete floor is poured.
   (G)   Alternate system. The provisions of this section are not intended to prevent the use of any material or method of construction not specifically prescribed by this section, provided any alternate material or method has been approved and its use authorized by the Building Commissioner. The Building Commissioner may approve any such alternate material or method, provided the proposed design is satisfactory and complies with the provisions of this section and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this section. The Building Commissioner shall require sufficient evidence to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate material or method shall be recorded and entered in the files of the office of Building Commissioner.
   (H)   Existing installations. When a drain tile system is to be installed in an existing structure that had no system of surface water drainage when first constructed, the system shall be installed as if new construction.
(Ord. 2004-021, passed 9-13-04)
§ 52.41 DISCHARGE OF SURFACE WATERS PROHIBITED.
   (A)   No person shall discharge or cause to be discharged any storm water, groundwater, roof run-off, yard drainage, yard fountain, pond overflow or any substance other than sanitary sewage into the sanitary collection system.
   (B)   Any person, firm or corporation having a roof, sump pump, discharge, cistern overflow pipe or any surface drain now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same prior to December 31, 2005. Any disconnects or openings in the sanitary sewer shall be sealed or repaired in an effective, professional and workman-like manner.
   (C) All required sump pumps shall have a discharge system installed to the outside wall of the building. The pipe attachment may be a permanent fitting such as PVC pipe with glued fittings. The discharge shall extend at least three feet outside of the foundation wall.
   (D)   Every person owing improved real restate which discharges into the town's sanitary sewer system shall allow a designated town employee(s) to inspect the buildings to confirm there is not sump pump or other prohibited discharge into the sanitary sewer system. Any person refusing to allow their property to be inspected shall immediately become subject to the surcharge hereinafter provided. Any property found in violation of this section shall make the necessary changes to comply with this section and such changes shall be verified by the designated town employee(s).
   (E)   A surcharge of $100 per month shall be imposed and added to every sewer billing mailed on and after December 31, 2005, to property owners who are not in compliance with this section. The surcharge shall be added every month, until the property comes into compliance. The imposition of the surcharge shall not limit the right to the town to seek an injunction in a court of competent jurisdiction, ordering the property owner to discontinue the non-confirming connection to the sanitary sewer system or from pursing any other legal remedies.
   (F)   Upon verified compliance with this section, the town reserves the right to inspect the subject property at least yearly to verify continued compliance of the property.
(Ord. 2004-021, passed 9-13-04)
POTABLE WATER CROSS-CONNECTION CONTROL PROGRAM
§ 52.50 POTABLE WATER CROSS- CONNECTION CONTROL PROGRAM.
   (A)   That a cross-connection shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the town water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
   (B)   That no person, firm, or corporation shall establish or permit to be established or maintain or permit to be maintained any cross- connection. No interconnection shall be established whereby potable water from a private, auxiliary, or emergency water supply other than the regular public water supply of the town may enter the supply or distribution system of said municipality, unless such private, auxiliary, or emergency water supply and the method of connection and use of such supply shall have been approved by the town Water Department and by the Indiana Department of Environmental Management in accordance with 327 IAC 8-10.
   (C)   That it shall be the duty of the town Water Department to develop and implement an on-going cross-connection program and policy to protect the public water supply. That the Water Cross-connection Control Policy is hereby adopted along with other responsibilities of Sellersburg Water including the duty to cause inspections to be made of all properties served by the public water system where cross connections with the public water system is deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be established by the town Water Department.
   (D)   That upon presentation of credentials, the representative of the town Water Department shall have the right to request entry at any reasonable time to examine the property served by a connection to the public water system of the town for cross connections. On request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of access or refusal of requested pertinent information shall be deemed evidence of the presence of cross connections.
   (E)   That the town Water Department is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice is served on the owner, lessee, or occupants of the property or premises where a violation is found or suspected to exist. Water service to such property shall not be restored until the cross- connection(s) has been eliminated in compliance with the provisions of this section.
   (F)   That, if it is deemed by the town Water Department that a cross-connection or an emergency endangers public health, safety, or welfare and requires immediate action, and a written finding to that effect is filed with the Town Clerk and delivered to the consumer's premises, service may be immediately discontinued. The consumer shall have an opportunity to request attendance at a regularly scheduled meeting of the Town Council to protest the decision of the Water Department.
   (G)   That all consumers using toxic or hazardous liquids, all hospitals, mortuaries, wastewater treatment plants, laboratories, and all other hazardous users install and maintain a reduced pressure principal backflow preventer in the main water line serving each building on the premises. The backflow preventer must be installed in an easily accessible location not subject to flooding or freezing.
   (H)   The reduced pressure principle backflow preventers shall not be installed below ground level.
   (I)   That this section does not supersede the Indiana Plumbing Code, the IDEM Rule 327 IAC 8-10 or the town plumbing ordinance, should one exist now or in the future, but is supplementary to them.
   (J)   That if, in the judgment of the Superintendent of Water, an approved backflow prevention device is necessary for the safety of the public water system; the Superintendent of Water will give notice to the water consumer to install such an approved device immediately. The water consumer shall, at his own expenses, install such an approved device at a location and in a manner approved by the Superintendent of Water and shall have inspections and tests made of such approved devices as required by the Superintendent of Water and in accordance with the IDEM Rule 327 IAC 8-10.
   (K)   All users of fire hydrants for non-fire-fighting purposes shall be required to use the backflow prevention equipment from the town Water Department. A refundable deposit of $150 will be required before the water meter and backflow prevention device will be released for permitted use. Deposit will be refunded upon return of the equipment in good working order.
(Ord. 2020-OR-033, passed 11-23-20)
CHAPTER 53: SEWERS
Section
General Provisions
   53.001   Endangering water supply
   53.002   Privies, cesspools and septic tanks prohibited
   53.003   Sanitary facilities
   53.004   Minimum water line size
Sewer and Drain Regulations
   53.015   Definitions
   53.016   User charges and classes of users
   53.017   Owners charged
   53.018   Metered water users
   53.019   Unmetered water users
   53.020   Services rendered to the town
   53.021   Charges for monitoring industrial wastes
   53.022   Effective date of rates and charges
   53.023   Monthly charges established
   53.024   Effective date for certain rates and charges
   53.025   Quantity of water discharged and its effect
   53.026   Strength and character considerations
   53.027   Connection charge
   53.028   Monthly billings; late penalties
   53.029   Study required
   53.030   By-laws and regulations
   53.031   Appeals
   53.032   Special rate contracts
   53.033   Annexed territory
Use Regulations
   53.045   Definitions
   53.046   Prohibited activities
   53.047   Permit and inspection fees
   53.048   Two classes of building sewer permits
   53.049   Certain discharges prohibited
   53.050   Pretreatment of industrial wastes
   53.051   Required information
   53.052   Unpolluted water
   53.053   Industrial cooling water
   53.054   Wastewater flows
   53.055   Strengths of wastewaters
   53.056   Interceptors or traps
   53.057   Accidental discharges
   53.058   Compliance
   53.059   Disorderly conduct
   53.060   Inspections, measurements, samplings and testing
   53.061   Appeals
Lateral Sewer Lines; Connection to Public Sewers
   53.075   Connection permits
   53.076   Inspections
   53.077   Pipe, clean out and bedding regulations
   53.078   Backfilling
   53.079   Sump pump and drains
   53.080   Abandoned septic tanks
   53.081   Construction process
Funds
   53.095   Revenue Fund
   53.096   Operation and Maintenance Fund
   53.097   Sewage Works Sinking Fund
   53.098   Sewage Works Improvement Fund
   53.099   Investment of Funds
Rates and Charges
   53.110   Sewer hook-up fees
   53.111   Usage designation of connection fees
   53.112   Sanitary sewer connection permit fees
   53.113   Meter deposits
   53.114   Tap fees
   53.115   Administration fee
Cross-reference:
   Funds, see §§ 35.01 et seq.
GENERAL PROVISIONS
§ 53.001 ENDANGERING WATER SUPPLY.
   It shall be unlawful for any owner or lessee of any lot or parcel of land within the town to place, deposit or permit to be deposited, any human excrement, garbage or any other organic waste upon the premises in a way or place that the same is exposed to flies, rodents, small domestic animals or will endanger a water supply.
(`93 Code, § 9-90) Penalty, see § 10.99
§ 53.002 PRIVIES, CESSPOOLS AND SEPTIC TANKS PROHIBITED.
   (A)   It shall be unlawful to construct and maintain any privy, privy vault, cesspool or septic tank intended for, or subject to, receiving human excrement wherever a public sanitary or combined sewer is located in any street or alley adjacent to, or within 100 feet of the lot or parcel of land. Where a sanitary or combined sewer is located in any street or alley adjacent to, or within 100 feet of any lot or parcel of land on which is located any privy, privy vault, cesspool or septic tank intended for, or subject to, receiving human excrement, the privy shall be removed and the privy vault, cesspool or septic tank shall be filled with earth.
   (B)   Where municipal sewage treatment is not available a septic tank may be constructed, maintained and connected to the sanitary or combined sewer.
(`93 Code, § 9-91) Penalty, see § 10.99
§ 53.003 SANITARY FACILITIES.
   (A)   Where a sanitary or combined sewer is not located in any street or alley adjacent to, or within 100 feet, of any lot or parcel of land on which is located an inhabited dwelling, business house, boarding house, lodging house, eating place, tenement, shop, factory, public hall, place of amusement or any other building in the town, a water-flush toilet or a sanitary privy of the type of construction approved by the State Board of Health shall be provided by the owner or agent of the premises. Where a water-flush system of excreta disposal is installed or is in use, which is not connected to the public sewer system, there shall be installed a private disposal plant consisting of a septic tank effluent.
   (B)   The sanitary privy, water-flush toilet and private disposal plant shall be constructed and maintained in an approved manner described and illustrated in Bulletin Nos. 8 and 11 of the Bureau of Sanitary Engineering of the Indiana State Board of Health, copies of which are herewith incorporated as a part of this section.
(`93 Code, § 9-92)
§ 53.004 MINIMUM WATER LINE SIZE.
   (A)   The minimum size of all extensions to the water lines of the town is established, fixed and set as follows.
   (B)   Any and all extensions of water lines of the town shall be a minimum of six-inch lines and shall be larger where required for fire protection or where required by the State Board of Health or the County Board of Health.
(`93 Code, § 9-93) (Ord. 252, passed 12-26-67; Am. Ord. 258-A, passed - -68)
SEWER AND DRAIN REGULATIONS
§ 53.015 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOD or BIOCHEMICAL OXYGEN DEMAND. The same meaning as defined in § 53.045.
   COUNCIL. The Town Council of Sellersburg, or any duly authorized officials acting on its behalf.
   DEBT SERVICE COSTS. The average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.
   EXCESSIVE STRENGTH SURCHARGES. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of “normal domestic sewage.”
   INDUSTRIAL WASTES. The wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.
   MAY. The act referred to is permissive.
   NH3 or AMMONIA. The same meaning as defined in § 53.045.
   NPDES PERMIT or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT. The same meaning as defined in § 53.045.
   NORMAL DOMESTIC SEWAGE.
      (1)   For the purpose of determining surcharges, wastewater or sewage having an average daily concentration as follows:
         (a)   BOD not more than 200 mg/l;
         (b)   S.S. not more than 250 mg/l; and
         (c)   NH3 not more than 30 mg/l.
      (2)   As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from wastes from industrial processes.
   OPERATION AND MAINTENANCE COSTS.
      (1)   All costs, direct and indirect, necessary to provide adequate wastewater collection, transportation and treatment on a continuing basis and produce discharges to receiving waters that conform with all related federal, state and local requirements.
      (2)   These costs include replacement.
   OTHER SERVICE CHARGES. Tap charges, connection charges, area charges and other identifiable charges, other than user charges, debt service charges and excessive strength surcharges.
   P or PHOSPHORUS. The same meaning as defined in § 53.045.
   PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
   REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of treatment works to maintain the capacity and performance for which the works were designed and constructed.
   SS or SUSPENDED SOLIDS. The same meaning as defined in § 53.045.
   SEWAGE. The same meaning as defined in § 53.045.
   SHALL. The act referred to is mandatory.
   TOWN. Sellersburg, Indiana, acting by and through the Council.
   USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of the works pursuant to Public Law 92-500, 33 USC 1284.
   USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics and process or discharge similarities (that is, residential, commercial, industrial, institutional and governmental in the user charge system.)
      (1)   COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service which, based on a determination by the town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
      (2)   GOVERNMENTAL USER. Any federal, state or local governmental user of the wastewater treatment works.
      (3)   INDUSTRIAL USER. Any manufacturing or processing facility that discharges industrial waste to a POTW.
      (4)   INSTITUTIONAL USER. Any establishment involved in a social, charitable, religious and/or educational function which, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
      (5)   RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units.
(`93 Code, § 9-110) (Ord. 488, passed 12-10-90)
§ 53.016 USER CHARGES AND CLASSES OF USERS.
   (A)   (1)   Every person whose premises are served by the sewage works shall be charged for the services provided.
      (2)   These charges are established for each user class, as defined, in order that the sewage works shall recover, from each user and user class, revenue which is proportional to its use of the treatment works in terms of volume and load.
      (3)   User charges are leveled to defray the cost of operation and maintenance (including replacement) of the treatment works.
   (B)   User charges shall be uniform in magnitude within a user class.
      (1)   User charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency, including 40 CFR 35. Replacement costs, which are recovered through the system of user charges, shall be based upon the expected service life of the sewage works equipment.
      (2)   The various classes of users of the treatment works for the purposes of this subchapter, shall be as follows for Class I:
         (a)   Residential;
         (b)   Commercial;
         (c)   Governmental; and
         (d)   Institutional.
(`93 Code, § 9-111) (Ord. 488, passed 12-10-90)
§ 53.017 OWNERS CHARGED.
   (A)   For the use of and the service rendered by the sewage works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the town's sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewerage system of the town.
   (B)   The rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as hereinafter provided and shall be in an amount determinable.
(`93 Code, § 9-112) (Ord. 488, passed 12-10-90)
§ 53.018 METERED WATER USERS.
   (A)   (1)   The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to the rates and charges, as the same is measured by the water meter there in use, plus a base charge, except as herein otherwise provided.
      (2)   For the purpose of billing and collecting the charges for sewage service, the water meters shall be read monthly (or period equaling a month).
   (B)   The water usage schedule on which the amount of the rates and charges shall be determined is as follows:
      (1)   Flow charge, per month as follows:
 
Flow Charge (per 1,000 gallons)
Rates
Inside Town
Outside Town
$3.61
$3.61
 
      (2)   Base rate per month, as follows:
Monthly Base Charge
Meter Size (inch)
Rates
Inside Town
Outside Town
Monthly Base Charge
Meter Size (inch)
Rates
Inside Town
Outside Town
5/8 - ¾
$ 8.41
$ 15.64
1
18.68
25.91
41.30
48.53
2
70.01
77.24
3
158.99
166.21
4
275.34
282.57
6
624.40
631.63
 
(`93 Code, § 9-113) (Ord. 488, passed 12-10-90; Am. Ord. 2001-001, passed 2-12-01; Am. Ord. 2006-022, passed 10-9-06; Am. Ord. 2007-026, passed 10-8-07)
§ 53.019 UNMETERED WATER USERS.
   (A)   (1)   For users of the sewage works that are unmetered water users or for whom accurate meter readings are not available, the monthly charge shall be determined as an average of single-family dwelling units, except as herein provided.
      (2)   Sewage service bills shall be rendered once each month (or period equaling a month).
   (B)   All residential users shall be charged the following monthly rate based upon a monthly base rate and average flow per month:
 
Residential Single-Family (assumes 5,400 gallons average) 
Rates
Inside Town
Outside Town
$27.90
$35.13
 
(`93 Code, § 9-114) (Ord. 488, passed 12-10-90; Am. Ord. 2001-001, passed 2-12-01; Am. Ord. 2006-022, passed 10-9-06)
§ 53.020 SERVICES RENDERED TO THE TOWN.
   For the service rendered to the town, the town shall be subject to the same rates and charges hereinabove provided, or to charges and rates established in harmony therewith.
(`93 Code, § 9-115) (Ord. 488, passed 12-10-90)
§ 53.021 CHARGES FOR MONITORING INDUSTRIAL WASTES.
   In order to recover the cost of monitoring industrial wastes, the town shall charge the user the actual cost of monitoring but not less than $25 per sample. This charge will be reviewed and revised on the same basis as all other rates and charges in this subchapter.
(`93 Code, § 9-116) (Ord. 488, passed 12-10-90)
§ 53.022 EFFECTIVE DATE OF RATES AND CHARGES.
   The rates and charges, as herein set forth, shall become effective for all customers of the town wastewater utility (connected or to be connected), upon installation and usage of the water meter that services the property.
(`93 Code, § 9-117) (Ord. 488, passed 12-10-90; Am. Ord. 2023-OR-012, passed 5-22-23)
§ 53.023 MONTHLY CHARGES ESTABLISHED.
   (A)   In order to produce an amount sufficient to meet the interest on the revenue bonds, and other expenses, payable prior to the completion of the works, after the contract for construction of the sewer system has been let and actual work commenced thereunder, the owners of each and every lot, parcel of real estate or building currently connected or to be connected with the town's sanitary sewage system, as a result of construction of the works, shall pay, each month the following rates and charges.
   (B)   The rates and charges shall be in an amount determinable as follows:
      (1)
Phase I
Phase II
Inside Town
Outside Town
Inside Town
Outside Town
Phase I
Phase II
Inside Town
Outside Town
Inside Town
Outside Town
Flow charge (per 1,000 gallons)
$6.22
$6.22
$8.83
$8.83
Base charge (per month)
Meter size
 
 
 
 
   5/8 - 3/4 inch
$14.47
$26.91
$20.53
$38.19
   1 inch
$32.17
$44.61
$45.65
$63.31
   1 1/2 inch
$71.12
$83.56
$100.92
$118.58
   2 inch
$120.56
$133
$171.07
$188.73
   3 inch
$273.78
$286.22
$388.49
$406.15
   4 inch
$474.14
$486.58
$672.80
$690.46
   6 inch
$1,075.22
$1,087.66
$1,525.74
$1,543.40
Unmetered users (per month)
Residential single family (assuming 5,400 gallons average
$48.06
$60.50
$68.21
$85.87
Note: Based on 4,000 gallons, the monthly bill for an outside-of-town customer would continue to be 31.6% higher than the monthly bill for an inside-of-town customer. For unmetered customers, this rate differential will remain at 25.9%. These same rate differentials have been in place since at least 2001.
 
      (2)   Phase I and Phase II sewer rates will go into effect on May 1, 2021 and May 1, 2022 respectively.
(`93 Code, § 9-118) (Ord. 488, passed 12-10-90; Am. Ord. 2021-OR-005, passed 2-22-21)
§ 53.024 EFFECTIVE DATE FOR CERTAIN RATES AND CHARGES.
   The rates and charges, as herein set forth, shall become effective for all customers (connected or to be connected) on January 1 of the year.
(`93 Code, § 9-119) (Ord. 488, passed 12-10-90)
§ 53.025 QUANTITY OF WATER DISCHARGED AND ITS EFFECT.
   (A)   The quantity of water discharged into the sanitary sewerage system and obtained from sources other than the utility that serves the town shall be determined by the town in a manner as the town shall reasonably elect, and the sewage service shall be billed at the above appropriate rates, except as is hereinafter provided in this section.
   (B)   The town may make proper allowances in determining the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the town that the quantities do not enter the sanitary sewerage system.
      (1)   (a)   In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the sanitary sewerage system, either directly or indirectly, is not a user of water supplied by the water utility serving the town and the water used thereon or therein is not measured by a water meter or is measured by a water meter not acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town.
         (b)   In order to ascertain the rate or charge provided in this subchapter, the owner or other interested party, shall, at his or her expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for determining sewage discharge.
      (2)   (a)   In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids in the town's sanitary sewerage system, either directly or indirectly, is a user of water supplied by the water utility serving the town, and in addition, is a user of water from another source which is not measured by a water meter or is measured by a meter not acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town.
         (b)   In order to ascertain the rates or charges, the owner or other interested parties shall, at his or her expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
      (3)   In the event two or more residential lots, parcels of real estate or buildings discharging sanitary sewage, water or other liquids into the town's sanitary sewerage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each case, for billing purposes, the quantity of water used shall be averaged for each user and the base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels of real estate or buildings served through the single water meter.
      (4)   In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial waste, water or other liquids into the town's sanitary sewerage system, either directly or indirectly, and uses water in excess of 10,000 gallons per month, and it can be shown to the satisfaction of the town that a portion of water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party shall, at his or her expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
      (5)   In the event two or more dwelling units such as mobile homes, apartments or housekeeping rooms discharging sanitary sewage, water or other liquids into the sanitary sewerage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case, billing shall be for a single service in the manner set out elsewhere herein. A dwelling unit shall be interpreted as a room or rooms or any other space or spaces in which cooking facilities are provided.
(`93 Code, § 9-120) (Ord. 488, passed 12-10-90)
§ 53.026 STRENGTH AND CHARACTER CONSIDERATIONS.
   (A)   (1)   In order that the rates and charges may reflect the costs of providing service rendered to users, the town shall base its charges not only on the volume, but also the strength and character of the stronger than normal domestic sewage and wastes which it is required to treat and dispose of.
      (2)   The town shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly, into the sanitary sewage system, in a manner and by a method as the town may deem practicable in order to determine the proper charge.
   (B)   The user shall furnish a central sampling point available to the town at all times.
   (C)   Normal sewage domestic waste strength should not exceed a biochemical oxygen demand of 200 milligrams per liter of fluid, suspended solids in excess of 250 milligrams per liter of fluid or ammonia nitrogen in excess of 30 milligrams per liter of fluid.
   (D)   (1)   Additional charges for treating stronger- than-normal domestic waste shall be made on the following basis:
         (a)   There shall be an additional charge of $0.19 per pound of sewage or waste containing suspended solids in excess of 250 milligrams per liter of fluid.
         (b)   There shall be an additional charge of $0.23 per pound of sewage or waste having biochemical oxygen demand in excess of 200 milligrams per liter of fluid.
         (c)   There shall be an additional charge of $0.62 per pound of sewage or waste containing ammonia in excess of 30 milligrams per liter of fluid
      (2)   The determination of the concentration of suspended solids, five-day biochemical oxygen demand and ammonia nitrogen contained in the waste shall be in accordance with the latest copy of Standard Methods for the Examination of Water, Sewage and Industrial Wastes, as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and in conformance with “Guidelines Establishing Test Procedures for the Analysis of Pollutants,” 40 CFR 136.
(`93 Code, § 9-121) (Ord. 488, passed 12-10-90)
§ 53.027 CONNECTION CHARGE.
   The owner of any lot, parcel of real estate or building connecting to the sewage works shall, prior to being permitted to make a connection, pay a connection charge in the amounts as outlined in town ordinance.
(`93 Code, § 9-122) (Ord. 488, passed 12-10-90)
§ 53.028 MONTHLY BILLINGS; LATE PENALTIES.
   (A)   Rates and charges shall be prepared, billed and collected by the town in the manner provided by law and ordinance.
   (B)   The rates and charges for all users shall be prepared and billed monthly. At the end of each year, each user shall be given notice, in connection with a regular bill, of the rates charged for operation, maintenance, and replacement for that user for the next year.
   (C)   The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but the billing shall in no way relieve the owner from the liability in the event payment is not made as herein required. The owners of properties served, which are occupied by a tenant or tenants, shall have the right to examine the collection records of the town for the purpose of determining whether bills have been paid by the tenant or tenants, provided that the examination shall be made at the office at which the records are kept and during the hours that the office is open for business.
   (D)   As is provided by statute, all rates and charges not paid when due are declared to be delinquent and a penalty of 10% of the amount of the rates or charges shall thereupon attach thereto. The time at which the rates or charges shall be paid is now fixed at 15 days after the date of mailing of the bill.
(`93 Code, § 9-123) (Ord. 488, passed 12-10-90)
§ 53.029 STUDY REQUIRED.
   (A)   (1)   In order that the rates and charges for sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various users or user classes, the town shall cause a study to be made within a reasonable period of time following the first two years of operation, following the date on which this subchapter went into effect. The study shall include, but not be limited to an analysis of the costs associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users or user classes, the financial position of the sewage works and the adequacy of its revenue to provide reasonable funding for the operation and maintenance, replacements, debt service requirements and capital improvements to the waste treatment systems.
      (2)   The town shall adjust its rates and charges to reflect the results of the study.
   (B)   Thereafter, on a biennial basis, within a reasonable period of time following the normal accounting period, the town shall cause a similar study to be made for the purpose of reviewing the fairness, equity and proportionality of the rates and charges for sewage services on a continuing basis. The studies shall be conducted by officers or employees of the town, or by a firm of certified pubic accountants, or a firm of consulting engineers which firms shall have experience in the studies, or by the combination of officers, employees, certified public accountants or engineers as the town shall determine to be best under the circumstances. The town shall, upon completion of the study, revise and adjust rates and charges, as necessary in accordance therewith in order to maintain the proportionality and sufficiency of the rates.
(`93 Code, § 9-124) (Ord. 488, passed 12-10-90)
§ 53.030 BY-LAWS AND REGULATIONS.
   (A)   The town shall make and enforce the by- laws and regulations as may be deemed necessary for the safe, economical and efficient management of the town's sewerage system, pumping stations and sewage conveyance system, for the construction and use of house sewers and connections to the sewerage system, and for the regulation, collection, rebating and refunding of the rates and charges.
   (B)   The town is authorized to prohibit dumping of wastes into the town's sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the town or to require methods affecting pretreatment of the wastes to comply with pretreatment standards included in the NPDES permit issued to the town.
(`93 Code, § 9-125) (Ord. 488, passed 12-10-90)
§ 53.031 APPEALS.
   The rules and regulations promulgated by the town, after approval of the Town Council, shall, among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision of the Administrator of the user charge to the Town Council and that any decision concerning user charges of the Town Council can be appealed to a court of competent jurisdiction under the appeal procedures provided for in the Indiana Administrative Adjudication Act, being I.C. 4-21.5-5.
(`93 Code, § 9-127) (Ord. 488, passed 12-10-90)
§ 53.032 SPECIAL RATE CONTRACTS.
   (A)   The Council is further authorized to enter into special rate contracts with customers of the sewage works where clearly definable cost to the sewage works can be determined, and the rate shall be limited to the costs.
   (B)   The contract shall be in compliance with the Federal Water Pollution Control Act, 33 USC 1251 et seq., Public Laws 92-500 and 95-217.
(`93 Code, § 9-128) (Ord. 488, passed 12-10-90)
§ 53.033 ANNEXED TERRITORY.
   (A)   The Council shall not grant free service or use of the sewage treatment system to any person, group or entity.
   (B)   It is not necessary for an area or parcel of real estate to be annexed to receive sewage treatment.
(`93 Code, § 9-129) (Ord. 488, passed 12-10-90)
USE REGULATIONS
§ 53.045 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen expressed in mg/l utilized in the biochemical oxidation of organic matter under standard laboratory procedures with nitrification inhibition in five days at 20° C.
   BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three feet outside the building wall.
      (1)   SANITARY BUILDING DRAIN. A building drain which conveys sanitary or industrial sewage only.
      (2)   STORM BUILDING DRAIN. A building drain which conveys stormwater or other clear water drainage, but no wastewater.
   BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. This is also called a “house connection.”
      (1)   SANITARY BUILDING SEWER. A building sewer which conveys sanitary or industrial sewage only.
      (2)   STORM BUILDING SEWER. A building sewer which conveys storm waste or other clear water drainage, but no sanitary or industrial sewage.
   COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat the pollutants, and in fact does remove the pollutants to a substantial degree. The phrase “substantial degree” is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include:
      (1)   Chemical oxygen demand;
      (2)   Total organic carbon;
      (3)   Phosphorus and phosphorus compound;
      (4)   Nitrogen and nitrogen compounds; and
      (5)   Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
   FLOATABLE OIL. Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the town.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.
   INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade or business as distinct from employee wastes or wastes from sanitary conveniences.
   INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (INFILTRATION does not include and is distinguished from “inflow.”)
   INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
   INFLOW.
      (1)   The water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash waters or drainage.
      (2)   INFLOW does not include, and is distinguished from “infiltration.”
   INSPECTOR. The person or persons duly authorized by the town, through its Town Council, to inspect and approve the installation of building sewers and their connection to the public sewer system.
   MAJOR CONTRIBUTING INDUSTRY. An industry that:
      (1)   Has a flow of 50,000 gallons or more per average work day;
      (2)   Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;
      (3)   Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under 33 USC 1317; or
      (4)   Has a significant impact, either singly or in combination with other contributing industries, on a treatment works or on the quality of effluent from that treatment works.
   MAY. The act referred to is permissive.
   NH3.
      (1)   The same as ammonia nitrogen measured as nitrogen.
      (2)   The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods,” as defined herein.
   NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the Unites States pursuant to 33 USC 1342.
   NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
   NORMAL DOMESTIC SEWAGE. The same meaning as defined in § 53.015.
   pH. The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution.
   P or PHOSPHORUS. The chemical element phosphorus.
   PERSON. Any individual, firm, company, association, society, corporation, group or other entity.
   PRETREATMENT. The treatment of industrial sewage from privately-owned industrial sources prior to introduction into a public treatment works.
   PRIVATE SEWER. A sewer which is not owned by a public authority.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in dimension.
   PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:
      (1)   COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewater from individual point source discharges.
      (2)   FORCE MAIN. A pipe in which wastewater is carried under pressure.
      (3)   INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
      (4)   PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
   SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted.
   SEWAGE.
      (1)   The combination of liquid and water- carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water).
      (2)   The most common types of SEWAGE are:
         (a)   INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
         (b)   SANITARY SEWAGE. The com- bination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
   SEWAGE WORKS. The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
   SEWER. A pipe or conduit for carrying sewage.
   SHALL. The act referred to is mandatory.
   SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than ten minutes more than three times the average 24-hours concentration of flows during normal operation and shall adversely affect the collection system.
   STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, The American Water Works Association and the Water Environment Federation.
   STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
   SUPERINTENDENT. The Superintendent of the municipal sewage works of the town, or his or her authorized deputy, agent or representative.
   SUSPENDED SOLIDS or SS. Solids that float on the surface of, or are in suspension in, water, sewage or other liquids and which are removable by laboratory filtering under standard laboratory procedure.
   TOTAL SOLIDS. The sum of suspended and dissolved solids.
   TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to 33 USC part 1317(a).
   UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided herein.
   VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 55° C for 15 to 20 minutes.
   WATERCOURSE. A natural or artificial channel for the passage of water continuously or intermittently.
(`93 Code, § 9-45) (Ord. 489, passed 12-10-90)
§ 53.046 PROHIBITED ACTIVITIES.
   (A)   It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the town or in any area under the jurisdiction of the town any human or animal excrement, garbage or other objectionable waste.
   (B)   (1)   No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, stormwaters, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water.
      (2)   The town shall require the removal of unpolluted waters from any wastewater collection or treatment facility.
   (C)   (1)   Stormwater, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation.
      (2)   No person shall use the sewers, however, without the specific permission of the town.
      (3)   No new connection shall be made to any sanitary or storm sewer unless there is capacity available in all downstream sewers, lift stations, force mains and the sewage treatment plant including capacity for BOD and suspended solids.
   (D)   No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the town any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this subchapter and the NPDES permit.
   (E)   No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this subchapter and the NPDES permit.
   (F)   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
   (G)   The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town and abutting on any street, alley or right-of-way in which there is now located a public sanitary sewer of the town is hereby required at his or her expense to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this subchapter, within 60 days after date of official notice to do so, provided that the public sewer is within 300 feet of the property line.
(`93 Code, § 9-46) (Ord. 489, passed 12-10-90) Penalty, see § 10.99
§ 53.047 PERMIT AND INSPECTION FEES.
   (A)   Where a public sanitary sewer is not available under the provisions of § 53.046(G), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter.
   (B)   Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. A permit and inspection fee of $20 shall be paid to the town at the time the application is filed.
   (C)   (1)   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He or she shall be allowed to inspect the works at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered.
      (2)   The inspection shall be made within 24 hours of the receipt of notice by the Superintendent.
   (D)   (1)   The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State Board of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet.
      (2)   No septic tank or cesspool shall be permitted to discharge to any natural outlet.
   (E)   At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in division (D) above, a direct connection shall be made to the public sewer in compliance with this subchapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
   (F)   The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town.
   (G)   When a public sewer becomes available, the building sewer shall be connected to the sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
   (H)   No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
(`93 Code, § 9-47) (Ord. 489, passed 12-10-90)
§ 53.048 TWO CLASSES OF BUILDING SEWER PERMITS.
   (A)   No unauthorized person shall uncover, make any connections with or opening into, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk/Treasurer.
   (B)   There shall be two classes of building sewer permits:
      (1)   For residential and commercial service; and
      (2)   For service to establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the Inspector.
      (3)   A permit and inspection fee of $20 for a residential or commercial building sewer permit and $50 for an industrial building sewer permit shall be paid to the Clerk/Treasurer at the time the application is filed.
   (C)   All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
   (D)   A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
   (E)   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Inspector, to meet all requirements of this subchapter.
   (F)   (1)   The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town.
      (2)   In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials (A.S.T.M.) and Water Pollution Control Federation's (W.P.C.F.) Manual of Practice No. FD-5 shall apply.
   (G)   (1)   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.
      (2)   In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer.
   (H)   No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface run-off or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
   (I)   The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice in No. FD-5. All connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installations.
   (J)   (1)   The applicant for the building sewer permit shall notify the Inspector when the building sewer is ready for inspection and connection to the public sewer.
      (2)   The connection and testing shall be made under the supervision of the Inspector or his or her representative. The applicant shall provide access to all structures (and areas of structures) to the Inspector for the purpose of establishing compliance with division (H) above.
   (K)   (1)   All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.
      (2)   Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.
(`93 Code, § 9-48) (Ord. 489, passed 12-10-90)
§ 53.049 CERTAIN DISCHARGES PROHIBITED.
   (A)   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
      (1)   Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
      (2)   Any waters or wastes containing toxic (as described in 33 USC 1317, the Clean Water Act) or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant;
      (3)   Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works or interfere with any treatment process;
      (4)   Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper, dishes, cups and milk containers, whole or ground by garbage grinders;
      (5)   Any waters or wastes containing phenols or other taste or odor producing substances, in concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction of the discharge to the receiving waters;
      (6)   Any radioactive wastes or isotopes of the half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state of federal regulations;
      (7)   Any waters or wastes having pH in excess of 9.5;
      (8)   Materials which exert or cause:
         (a)   Unusual concentrations of inert suspended solids (such as, but not limited to Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to sodium chloride and sodium sulfate);
         (b)   Excessive discoloration (such as, but not limited to dye wastes and vegetable tanning solutions);
         (c)   Unusual BOD, chemical oxygen demand or chlorine requirements in the quantities as to constitute a significant load on the sewage treatment works; and
         (d)   Unusual volume of flow or concentration of wastes constituting “slugs.”
      (9)   Waters or wastes containing substances that are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to the degree that the sewage treatment effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
   (B)   If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in division (A) above, and which in that judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
      (1)   Require any industries to submit information on wastewater quantities and character- istics and obtain prior approval for discharges;
      (2)   Reject the wastes in whole or in part for any reason deemed appropriate by the town;
      (3)   Require pretreatment of wastes to within the limits of normal sewage as defined;
      (4)   Require control or flow equalization of wastes so as to avoid any “slug” loads or excessive loads that may be harmful to the treatment works;
      (5)   Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating the wastes; or
      (6)   If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances and laws.
   (C)   Where preliminary treatment or flow- equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
   (D)   (1)   When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with the necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.
      (2)   The manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his or her expense, and shall be maintained so as to be safe and accessible at all times.
      (3)   Agents of the town, the State Water Pollution Control Agencies and the U.S. Environmental Protection Agency shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing.
   (E)   (1)   All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this subchapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Waterworks Association and the Water Environment Federation and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole, except for applications for NPDES permits and reports thereof which shall be conducted in accordance with rules and regulations adopted by the U.S. EPA (40 CFR 136).
      (2)   In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
      (3)   The particular analyses involved will determine whether a 24-hour composite of all outfalls is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined from periodic grab samples.
   (F)   No statement contained in this subchapter shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor, by the industrial concern, at the rates that are compatible with the rates established in this code.
(`93 Code, § 9-49) (Ord. 489, passed 12-10-90) Penalty, see § 10.99
§ 53.050 PRETREATMENT OF INDUSTRIAL WASTES.
   Pretreatment of industrial wastes from major contributing industries prior to discharge to the treatment works is required and is subject to the rules and regulations adopted by the United States Environmental Protection Agency, including “General pretreatment regulations for existing and new sources of pollution,” 40 CFR 403, and “Guidelines establishing test procedures for the analysis of pollutants” (40 CFR 136), in addition to any more stringent requirements established by the town and any subsequent state or federal guidelines and rules and regulations.
(`93 Code, § 9-50) (Ord. 489, passed 12-10-90)
Cross-reference:
   Industrial pretreatment, see Chapter 54
§ 53.051 REQUIRED INFORMATION.
   (A)   Plans, specifications and any other pertinent information relating to pretreatment or control facilities shall be submitted for approval of the town and no construction of the facilities shall be commenced until approval in writing is granted.
   (B)   (1)   Where facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at his or her expense and shall be subject to periodic inspection by the town to determine that the facilities are being operated in conformance with applicable federal, state and local laws and permits.
      (2)   The owner shall maintain operating records and shall submit to the town a monthly summary report of the character of the influent and effluent to show the performance of the treatment facilities and for comparison against town monitoring records.
(`93 Code, § 9-51) (Ord. 489, passed 12-10-90)
§ 53.052 UNPOLLUTED WATER.
   (A)   Unpolluted water from air conditioners, cooling, condensing systems or swimming pools, shall be discharged to a storm sewer, where it is available, or to a combined sewer approved by the town.
   (B)   Where a storm sewer is not available, discharge may be to a natural outlet approved by the town and by the state.
   (C)   Where a storm sewer, combined sewer or a natural sewer is not available, the unpolluted water may be discharged to a sanitary sewer pending written approval by the town.
(`93 Code, § 9-52) (Ord. 489, passed 12-10-90)
§ 53.053 INDUSTRIAL COOLING WATER.
   Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with the above section.
(`93 Code, § 9-53) (Ord. 489, passed 12-10-90)
§ 53.054 WASTEWATER FLOWS.
   (A)   The town may require users of the treatment works, other than residential users, to supply pertinent information on wastewater flows and characteristics. Measurements, tests and analysis shall be made at the users' expense.
   (B)   If made by the town, an appropriate charge may be assessed to the user at the option of the town.
(`93 Code, § 9-54) (Ord. 489, passed 12-10-90)
§ 53.055 STRENGTHS OF WASTEWATERS.
   (A)   The strength of wastewaters shall be determined, for periodic establishment of charges provided for in §§ 53.110 through 53.114, from samples taken at the aforementioned structure at any period of time and of a duration and in a manner as the town may elect, or at any place mutually agreed upon between the user and the town.
   (B)   (1)   Appropriate charges for sampling and analysis may be assessed to the user at the option of the town.
      (2)   The results of routine sampling and analysis by the user may also be used for determination of charges after verification by the town.
(`93 Code, § 9-55) (Ord. 489, passed 12-10-90)
§ 53.056 INTERCEPTORS OR TRAPS.
   (A)   (1)   Grease, oil and sand interceptors or traps shall be provided when, in the opinion of the town they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients, except that the interceptors or traps will not be required for private living quarters or dwelling units.
      (2)   All interceptors or traps shall be of a type and capacity approved by the town and shall be located so as to be readily and easily accessible for cleaning and inspection.
   (B)   (1)   They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, be gas tight, water tight and equipped with easily removable covers.
      (2)   Where installed, all grease, oil and sand interceptors or traps shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.
(`93 Code, § 9-56) (Ord. 489, passed 12-10-90)
§ 53.057 ACCIDENTAL DISCHARGES.
   Users of the treatment works shall immediately notify the town of any unusual flows or wastes that are discharged accidently or otherwise to the sewer system.
(`93 Code, § 9-57) (Ord. 489, passed 12-10-90)
§ 53.058 COMPLIANCE.
   All provisions of this subchapter and limits set herein shall comply with any applicable state and/or federal requirements now or projected to be in effect.
(`93 Code, § 9-58) (Ord. 489, passed 12-10-90)
§ 53.059 DISORDERLY CONDUCT.
   (A)   No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works.
   (B)   Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(`93 Code, § 9-59) (Ord. 489, passed 12-10-90) Penalty, see § 10.99
§ 53.060 INSPECTIONS, MEASUREMENTS, SAMPLINGS AND TESTING.
   (A)   (1)   The Superintendent, Inspector and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this subchapter.
      (2)   The Superintendent, or his or her representative, shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
   (B)   While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 53.049(D).
   (C)   (1)   The Superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purpose of, but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement.
      (2)   All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(`93 Code, § 9-60) (Ord. 489, passed 12-10-90)
§ 53.061 APPEALS.
   The rules and regulations promulgated by the town, after approval by the Town Council, shall among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision of the administrator of the sewage system to the Town Council and that any decision concerning sewage system of the Town Council may be appealed to a court of competent jurisdiction under the appeal procedures provided for in the Indiana Administrative Adjudication Act, I.C. 4-21.5-5.
(`93 Code, § 9-63) (Ord. 489, passed 12-10-90)
LATERAL SEWER LINES; CONNECTION TO PUBLIC SEWERS
§ 53.075 CONNECTION PERMITS.
   (A)   (1)   Prior to performing any construction to connect to the new sewer system, all property owners must first obtain a sanitary sewer connection permit.
      (2)   There are two classes of sanitary sewer connection permits as follows:
         (a)   Residential permits shall be $20; and
         (b)   Industrial and commercial permits shall be $50.
   (B)   In addition to the sanitary sewer connection permit, all property owners must also pay the user's fee.
(`93 Code, § 7-55) (Ord. 92-526, passed 4-27-92) Penalty, see § 10.99
§ 53.076 INSPECTIONS.
   (A)   A pre-inspection is required when the service lateral of the property line has been exposed to insure that the service lateral stub has not been damaged.
   (B)   A post inspection will be made after all pipe has been laid and prior to any backfilling of the new sewer line from the house.
   (C)   The inspections must be scheduled with the Inspector at least 24 hours in advance.
(`93 Code, § 7-56) (Ord. 92-526, passed 4-27-92)
§ 53.077 PIPE, CLEAN OUT AND BEDDING REGULATIONS.
   (A)   (1)   All building sewer laterals from the house or industrial and commercial establishments shall be constructed of PVC SDR-35 or higher pipe with rubber “O-ring” joints.
      (2)   The connection hub (inlet) at the service lateral is six-inches.
   (B)   A clean-out has to be installed between the house or building and property line, and brought up to finish grade of ground level not buried.
   (C)   All pipe shall be bedded in granular backfill. The bedding material shall be #8 crushed limestone.
   (D)   All pipe shall be laid at a slope of at least one-fourth inch per foot towards the connection point.
(`93 Code, § 7-57) (Ord. 92-526, passed 4-27-92)
§ 53.078 BACKFILLING.
   (A)   After the pipe has been laid and properly bedded and inspected and approved by the Inspector, the trench may be backfilled with loose soil.
   (B)   Large rocks, concrete, stumps, roots and other debris should not be used in the backfilling process.
(`93 Code, § 7-58) (Ord. 92-526, passed 4-27-92)
§ 53.079 SUMP PUMPS AND DRAINS.
   (A)   There shall be no sump pumps connected to the system that allow surface or ground water to enter the system.
   (B)   Sump pumps pumping sanitary waste are allowable. Yard drains, gutters catch basins shall not be connected to the system.
(`93 Code, § 7-59) (Ord. 92-526, passed 4-27-92)
Cross-reference:
   Sump pumps draining on streets, see § 95.13
§ 53.080 ABANDONED SEPTIC TANKS.
   All existing septic tanks that will be abandoned after connection is made to the new system should be cleaned out and filled in with sand, per county regulations.
(`93 Code, § 7-60) (Ord. 92-526, passed 4-27-92)
§ 53.081 CONSTRUCTION PROCESS.
   (A)   New connections will not begin until the new wastewater treatment plant is on line and fully operational.
   (B)   The following will be the proper sequence to proceed with sewer line construction:
      (1)   Receive proper notice from the town that sewer line construction may begin;
      (2)   Obtain sewer line construction permit from Town Hall and arrange for payment of tap-in fee;
      (3)   Arrange with the Inspector to inspect sewer lateral stub when it is exposed;
      (4)   Begin construction as per sewer line specifications;
      (5)   Arrange for the Inspector to inspect lines after they have been laid, before being covered;
      (6)   After proper approval from the Inspector cover lines with proper backfill; and
      (7)   Use of the sanitary sewer system now may begin.
(`93 Code, § 7-61) (Ord. 92-526, passed 4-27-92)
FUNDS
§ 53.095 REVENUE FUND.
   (A)   All revenues derived from the operation of the sewage works and from the collection of sewer rates and charges shall be deposited in the Revenue Fund, created and segregated and deposited as set forth in this subchapter.
   (B)   Of these revenues, the proper and reasonable expenses of operation, repair and maintenance of the works shall be paid, the principal and interest of all bonds and fiscal agency charges of registrars or paying agents shall be paid, and the costs of replacements, extensions, additions and improvements shall be paid.
(`93 Code, § 9-130) (Ord. 95-627, passed - -95)
§ 53.096 OPERATION AND MAINTENANCE FUND.
   (A)   Monies heretofore accumulated pursuant to the ordinance authorizing the refunded bonds in an amount equal to the expenses of operation, repair and maintenance of the sewage works for a two-month period, as calculated by the Clerk/Treasurer with the advice of the town's financial advisor, shall be credited to and become a part of the Operation and Maintenance Fund, created as of the date of the advance refunding of the refunded bonds. On the last day of each calendar month, revenues of the sewage works shall thereafter be transferred from the Revenue Fund to the Operation and Maintenance Fund.
   (B)   (1)   The balance maintained in this Fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months.
      (2)   The monies credited to this Fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the sewage works on a day-to-day basis. Any monies in the Fund may be transferred to the Sewage Works Sinking Fund, if necessary, to prevent a default in the payment of principal of or interest on the outstanding bonds of the sewage works.
(`93 Code, § 9-131) (Ord. 95-627, passed - -95)
§ 53.097 SEWAGE WORKS SINKING FUND.
   (A)   (1)   There is created a sinking fund for the payment of the principal of and interest on revenue bonds which, by their terms, are payable from the net revenues of the sewage works and the payment of any fiscal agency charges in connection with the payment of bonds, which fund shall be designated the “Sewage Works Sinking Fund” or "Sinking Fund.”
      (2)   There shall be set aside and deposited in the Sinking Fund, as available, and as hereinafter provided, a sufficient amount of the net revenues of the sewage works to meet the requirements of the Bond and Interest Account and Reserve Account Created in the Sinking Fund. The payment shall continue until the balances in the Bond and Interest Account and the Reserve Account equal the principal of and interest on all of the then outstanding bonds of the sewage works to their final maturity.
   (B)   (1)   Any monies heretofore accumulated to pay principal and interest on the refunded bonds shall be credited to and become a part of the Trust Account under the escrow agreement and shall be applied on the first payments made from the Trust Account. Beginning as of the date of issuance of the refunding bonds, there shall be credited on the last day of each calendar month from the Revenue Fund to the Bond and Interest Account an amount of the net revenues equal to at least one-twelfth of the principal of and at least one-sixth of the interest on all then outstanding bonds payable on the ten next succeeding principal and interest payment dates until the amount of interest and principal payable on the ten next succeeding respective interest and principal payment dates shall have been so credited.
      (2)   There shall similarly be credited to the account any amount necessary to pay the bank fiscal agency charges for paying interest on outstanding bonds as the same become payable. The town shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit promptly to the registered owner or to the bank fiscal agency sufficient monies to pay the interest and principal on the due dates thereof together with the amount of bank fiscal agency charges.
   (C)   (1)   On the date of delivery of the refunding bonds, funds on hand of the sewage works, refunding bond proceeds or a combination thereof may be deposited into the Reserve Account.
      (2)   The initial deposit or the balance accumulated in the Reserve Account shall equal but not exceed the least of:
         (a)   Maximum annual debt service on the refunding bonds;
         (b)   One hundred twenty-five percent of average annual dept service on the refunding bonds; or
         (c)   Ten percent of the proceeds of the refunding bonds, plus a minor portion thereof as defined in the Internal Revenue Code of 1986, as existing on the date of issuance of the refunding bonds, which shall be the reserve requirement.
      (3)   If the initial deposit into the Reserve Account does not equal the reserve requirement or if no deposit is made, an amount of net revenues shall be credited to the Reserve Account on the last day of each calendar month until the balance therein equals the reserve requirement. The monthly deposits shall be equal in amount and sufficient to accumulate the reserve requirement within five years of the date of delivery of the refunding bonds.
      (4)   The Reserve Account shall constitute the margin for safety and protection against default in the payment of principal of and interest on the refunding bonds, and the monies in the Reserve Account shall be used to pay current principal and interest on the refunding bonds to the extent that monies in the Bond and Interest Account are insufficient for that purpose. Any deficiency in the balance maintained in the Reserve Account shall be made up from the next available net revenues remaining after credits into the Bond and Interest Account.
      (5)   Any monies in the Reserve Account in excess of the reserve requirement shall either be transferred to the Sewage Works Improvement Fund or be used for the purchase of outstanding bonds or installments of principal of fully registered refunding bonds.
(`93 Code, § 9-132) (Ord. 95-627, passed - -95)
§ 53.098 SEWAGE WORKS IMPROVEMENT FUND.
   (A)   (1)   After reviewing the requirements of the Operation and Maintenance Fund and the Sinking Fund, any excess revenues may be transferred or credited from the Revenue Fund to a fund designated the “Sewage Works Improvement Fund,” and the Fund shall be used for improvements, replacements, additions and extensions of the sewage works or for any other lawful purpose.
      (2)   As of the date of the delivery of the refunding bonds, any other available and unrestricted monies of the sewage works not otherwise deposited pursuant to the terms of this section shall be transferred to the Improvement Fund.
   (B)   Monies in the Sewage Works Improvement Fund shall be transferred to the Sewage Works Sinking Fund if necessary to prevent a default in the payment of principal and interest on the then outstanding bonds or, if necessary, to eliminate any deficiencies in credits to or minimum balance in the Reserve Account of the Sewage Works Sinking Fund or may be transferred to the Operation and Maintenance Fund to meet unforeseen contingencies in the operation, repair and maintenance of the sewage works.
(`93 Code, § 9-133) (Ord. 95-627, passed - -95)
§ 53.099 INVESTMENT OF FUNDS.
   (A)   (1)   The Sinking Fund shall be deposited in and maintained as a separate account or accounts from all other accounts of the town. The Operation and Maintenance Fund and the Sewage Works Improvement Fund may be maintained in a single account, or accounts, but the account, or accounts, shall likewise be maintained separate and apart from all other accounts of the town and apart from the Sinking Fund account or accounts.
      (2)   All monies deposited in the accounts shall be deposited, held and secured as public funds in accordance with the public depository laws of the state; provided that monies therein may be invested in obligations in accordance with the applicable laws, including particularly I.C. 5-13, as amended or supplemented, and in the event of the investment the income therefrom shall become a part of the funds invested and shall be used only as provided in this section.
   (B)   Nothing in this section or elsewhere in this section shall be construed to require that separate bank accounts be established and maintained for the funds and accounts created by this section.
(`93 Code, § 9-134) (Ord. 95-627, passed - -95)
RATES AND CHARGES
§ 53.110 SEWER HOOK-UP FEES.
   (A)   The following charges shall be in effect for sewer hook-ups to individual homes, churches, duplexes, apartments, nursing homes, service stations, schools, hospitals, commercial, professional, library, industrial and other buildings.
      (1)   Homes, $450 per home;
      (2)   Churches, $450 per church;
      (3)   Duplex, $675 per duplex;
      (4)   Apartments, $180 per each apartment;
      (5)   Nursing homes, $180 per each bed;
      (6)   Service stations, $900;
      (7)   Schools, $22.50 per student; and
      (8)   Hospitals, $45 per bed.
   (B)   For commercial, professional, library, industrial and the like, these connection fees shall be computed on the square footage of the building facilities as follows:
      (1)   One to 2,499 square feet, $450;
      (2)   2,500 to 3,999 square feet, $675;
      (3)   4,000 to 7,499 square feet, $900;
      (4)   7,500 to 14,999 square feet, $1,125;
      (5)   15,000 to 39,999 square feet, $1,350;
      (6)   40,000 to 49,999 square feet, $1,575; and
      (7)   50,000 square feet and over, $.04 per square foot.
(`93 Code, § 9-70) (Ord. 459-A, passed 12-12-88)
§ 53.111 USAGE DESIGNATION OF CONNECTION FEES.
   The proceeds of connection fees collected are to be used as net revenues of the sewage works and as payment towards the cost of improving the works in the future.
(`93 Code, § 9-71) (Ord. 422, passed 4-14-86)
§ 53.112 SANITARY SEWER CONNECTION PERMIT FEES.
   (A)   Prior to performing any construction to connect to the new sewer system, all property owners must first obtain a sanitary sewer connection permit. There are two classes of sanitary sewer connection permits as follows:
      (1)   Residential permits shall be $20.
      (2)   Industrial and commercial permits shall be $50.
   (B)   In addition to the sanitary sewer connection permit, all property owners must also pay the user's fee.
(`93 Code, § 9-72) (Ord. 92-526, passed 4-27-92)
§ 53.113 METER DEPOSITS.
   (A)   The water hook-up fee for residential users shall be as set by Council ordinance, and the water hook-up fee for commercial users shall be as set by Council ordinance.
   (B)   In addition thereto, the meter deposit shall be:
      (1)   Residential users, $50; and
      (2)   Commercial users, $50.
(`93 Code, § 9-73) (Ord. 473, passed 11-13-89)
§ 53.114 TAP FEES.
   (A)   (1)   Except as outlined in division (A)(2) below, a sewer tap fee of $2,100 shall be levied against each residential (single-family) lot, parcel of real estate or building within the town's corporate boundaries that hereafter connects with the town's sewer system. A sewer tap fee of $2,800 shall be levied against each residential (single-family) lot, parcel of real estate or building outside the town's municipal limits which hereafter connects to the town's sewer system.
      (2)   A lot which was previously connected to the sewer system shall not be required to pay a sewer tap fee to reconnect if the reconnection is acceptable under town standards (as defined in Ordinance 92-526) and completed within six months of disconnection. After six months, a sewer tap fee of $800 shall be assessed for reconnection.
   (B)   The owner of any residential lot, parcel of real estate or building other than those parcels within the boundaries of a subdivision which: (1) has been approved by either the Sellersburg Building Commissioner and Plan Commission; and (2) meets all town or county qualifications an requirements for a subdivision, may make written application to the Town Council for the privilege of paying the total sewer tap fees in ten equal annual payments, plus interest at the statutory rate. In the event such deferred payment plan is accepted by the Town Council, the first annual payment shall accompany the application along with the appropriate inspection fee. The remaining principle shall accrue interest, at the statutory judgement rate, until full payment of all ten annual installments. Subdivision sewer shall not be eligible for the sewer tap fee deferred payment plan.
   (C)   Sewer tap fees for duplex multi-family units within the town's corporate boundaries shall be $2,800. Sewer tap fees for duplex multi-family units outside the town's municipal boundaries shall be $3,950. Multi-family units larger than a duplex shall incur an additional sewer tap fee of $230 per unit up to ten units. After ten units, each additional unit shall be assessed a sewer tap fee of $115.
   (D)   Sewer tap fees for commercial use within the town's municipal boundaries shall be $1,800 for each unit of 300 gallons of daily flow. Sewer tap fees for commercial use outside the town's municipal boundaries shall be $2,600 for each unit of 300 gallons of daily flow. One year after the initial commercial sewer connection, the Sewer Department shall calculate the actual average daily flow from the commercial user and shall adjust the sewer tap fee accordingly. Any additional tap fee, or any refund, shall be due and payable within 30 days after the calculation is completed.
   (E)   The Town Council shall determine the sewer tap fees for industrial uses on a case by case basis after considering the location of the facility, the quantity of flow and its quality.
   (F)   The Town Council has determined an expansion related charge of $1,100 shall be assessed, on a per Equivalent Dwelling Unit basis, to insure adequate funds for improving and replacing the works as prescribed by I.C. 36-9-23-25 for all sewer connections as prescribed in this section.
   (G)   In the event a sewer tap fee is paid in advance of connection to the town’s sewer system, and the connection to the town’s sewer system is not made within six months of the date the sewer tap fee was paid, the holder of sewer tap in permit shall be billed the current minimum sewer charge, plus a penalty of $50 per month until connection to the town’s sewer system is made.
   (H)   Inspection fees shall be paid in addition to tap fees.
(Ord. 97-664, passed 6-9-97; Am. Ord. 2001-017, passed 6-4-01; Am. Ord. 2001-019, passed 7-9-01; Am. Ord. 2004-008, passed 5-3-04; Am. Ord. 2014-013, passed 7-14-14)
§ 53.115 ADMINISTRATION FEE. 
   (A)   All individuals desiring to utilize the Town of Sellersburg sewer system and/or water utility shall be required to pay a one time non-refundable administrative fee in the amount of $55.
   (B)   The non-refundable administrative fee in the amount of $55 shall be used by the Town of Sellersburg Utility Billing Department to process the individual’s application for sewer service and/or water service and to set up the individual’s account though the Town of Sellersburg billing office.
   (C)   The $55 non-refundable administrative fee shall be waived for owners of rental property served by the Town of Sellersburg water and/or sewer, provided the owner of said rental property does not occupy or inhabit the residence and has paid the initial $55 non-refundable administrative fee.
(Ord. 2009-001, passed 2-23-09; Am. Ord. 2021-OR-022, passed 8-9-21)
CHAPTER 54: INDUSTRIAL PRETREATMENT
Section
General Provisions
   54.001   Purpose and policy
   54.002   Administration
   54.003   Abbreviations
   54.004   Definitions
   54.005   Prohibited discharge standards
   54.006   National categorical pretreatment standards
   54.007   Local limits
   54.008   Council's right of revision
   54.009   Dilution
Pretreatment of Wastewater
   54.020   Pretreatment facilities and grease traps
   54.021   Additional pretreatment measures
   54.022   Accidental discharge/slug control plans
   54.023   Hauled wastewater
Discharge Permit Procedure
   54.035   Analysis
   54.036   Permit required
   54.037   Existing connections
   54.038   New connections
   54.039   Application contents
   54.040   Signatories and certification
   54.041   Permit decisions
   54.042   Permit duration
   54.043   Permit contents
   54.044   Permit appeals
   54.045   Permit modification
   54.046   Permit transfer
   54.047   Permit revocation
   54.048   Permit reissuance
   54.049   Waste received from other jurisdictions
Reporting Requirements; Monitoring
   54.060   Baseline monitoring reports
   54.061   Compliance schedule progress reports
   54.062   Reports on compliance
   54.063   Periodic compliance reports
   54.064   Reports of changed conditions
   54.065   Reports of potential problems
   54.066   Reports from unpermitted users
   54.067   Notice of violation; repeat sampling and reporting
   54.068   Notification of the discharge of hazardous waste
   54.069   Analytical requirements
   54.070   Sample collection
   54.071   Timing
   54.072   Record keeping
   54.073   Right of entry; inspection and sampling
   54.074   Search warrants
   54.075   Confidential information procedures
   54.076   Annual publication of noncompliance
Administration and Enforcement
   54.090   Notification of violation
   54.091   Agreed orders
   54.092   Show cause hearing
   54.093   Compliance orders
   54.094   Cease and desist orders
   54.095   Administrative fines
   54.096   Emergency suspensions
   54.097   Termination of discharge
   54.098   Injunctive relief
   54.099   Civil penalties
   54.100   Remedies nonexclusive
   54.101   Upset
   54.102   Prohibited discharge standards
   54.103   Bypass
Rates and Charges
   54.115   Pretreatment charges and fees
   54.116   Surcharge and fee schedule
GENERAL PROVISIONS
§ 54.001 PURPOSE AND POLICY.
   (A)   This chapter sets forth uniform requirements for users of the publicly-owned treatment works for the town and enables the town to comply with all applicable state and federal laws, including the Clean Water Act, 33 USC 1251 et seq. and the general pretreatment regulations for existing and new sources of pollution (40 CFR 403) and the standards for the use or disposal of sewage sludge (40 CFR 503). The objectives of this chapter are:
      (1)   To prevent the introduction of pollutants into the publicly-owned treatment works that will interfere with its operation;
      (2)   To prevent the introduction of pollutants into the publicly-owned treatment works that will pass through the publicly-owned treatment works, inadequately treated, into receiving waters or otherwise be incompatible with the publicly-owned treatment works;
      (3)   To protect both publicly-owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
      (4)   To promote reuse and recycling of industrial wastewater and sludge from the publicly- owned treatment works;
      (5)   To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the publicly-owned treatment works; and
      (6)   To enable the town to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly-owned treatment works is subject.
   (B)   This chapter shall apply to all users of the publicly-owned treatment works. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(`93 Code, § 9-138) (Ord. 1994-601, passed 9-26-94)
§ 54.002 ADMINISTRATION.
   Except as otherwise provided herein, the Wastewater Utility Superintendent shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Wastewater Utility Superintendent may be delegated by the Wastewater Utility Superintendent to other town personnel.
(`93 Code, § 9-139) (Ord. 1994-601, passed 9-26-94)
§ 54.003 ABBREVIATIONS.
   The following abbreviations, when used in this chapter, shall have the designated meanings:
   BOD5. Biochemical oxygen demand, five day.
   CFR. Code of Federal Regulations.
   COD5. Chemical oxygen demand, five day.
   EPA. U.S. Environmental Protection Agency, Washington, D.C.
   EPA REG. V. U.S. Environmental Protection Agency, Region V, Chicago, IL.
   FOG. Fats, oil and grease.
   gpd. Gallons per day.
   I.C. Indiana Code.
   IDEM. Indiana Department of Environmental Management.
   mg/l. Milligrams per liter.
   NPDES. National pollutant discharge elimination system.
   O&G. Oil and grease.
   POTW. Publicly-owned treatment works.
   RCRA. Resource Conservation and Recovery Act.
   SIC. Standard industrial classification.
   TSS. Total suspended solids.
   USC. United States Code.
(`93 Code, § 9-140) (Ord. 1994-601, passed 9-26-94)
§ 54.004 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
   APPROVAL AUTHORITY. The Regional Administration of U.S. EPA Region, V.
   AUTHORIZED REPRESENTATIVE OF THE USER.
      (1)   If the user is a corporation:
         (a)   The president, secretary, treasurer or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
         (b)   The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
      (2)   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
      (3)   If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.
      (4)   The individuals described in divisions (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Council.
   BIOCHEMICAL OXYGEN DEMAND or BOD5. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C, usually expressed as a concentration (such as, mg/l).
   CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317(b) and (c)) which apply to a specific category of users and which appear in 40 CFR parts 405-471.
   COUNCIL. The Town Council of Sellersburg.
   COMPOSITE SAMPLING. Method of sampling which weighs sample volume with discharge flow rate.
   ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Region V Water Management Division Director, or other duly authorized official of the agency.
   EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to the source if the standard is thereafter promulgated in accordance with 33 USC 1317.
   GRAB SAMPLE. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
   INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under 33 USC 1317.
   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
   INTERFERENCE. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore, is a cause of a violation of the town's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: 33 USC 1311; the Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act (RCRA, 42 USC 6901 et seq.); any state regulations contained in any state sludge management plan prepared pursuant to; 40 CFR 503, sludge regulations; the Clean Air Act, 33 USC 1251; the Toxic Substances Control Act, 53 USC 2601; and the Marine Protection, Research and Sanctuaries Act, 33 USC 1401.
   MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
   NEW SOURCE.
      (1)   Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under 33 USC 1317 which will be applicable to the source if the standards are thereafter promulgated in accordance with that section, provided that:
         (a)   The building, structure, facility or installation is constructed at a site at which no other source is located; or
         (b)   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
         (c)   The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
      (2)   Construction on a site at which an existing source is located results in a modification rather than a NEW SOURCE if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
      (3)   Construction of a NEW SOURCE, as defined under this section, has commenced if the owner or operator has:
         (a)   Begun, or caused to begin, as part of a continuous on-site construction program:
            1.   Any placement, assembly or installation of facilities or equipment; or
            2.   Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.
         (b)   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this division.
   NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
   PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the town's NPDES permit, including an increase in the magnitude or duration of a violation.
   PERSON. Any individual, partnership, co- partnership, firm, company, cooperation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.
   pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
   POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of wastewater (such as, pH, temperature, TSS, turbidity, color, BOD5, COD5, toxicity or odor).
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing the pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirements related to pretreatment imposed on a user, other than a pretreatment standard.
   PRETREATMENT STANDARDS or STANDARDS. Prohibited discharge standards, categorical pretreatment standards and local limits.
   PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 54.005.
   PUBLICLY-OWNED TREATMENT WORKS or POTW. A treatment works, as defined by Section 212 of the Act (33 USC 1292), which is owned by the town. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
   SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toils, campers, trailers and septic tanks.
   SEWAGE. Human excrement and gray water (household showers, dishwashing operations, and the like).
   SIGNIFICANT INDUSTRIAL USER.
      (1)   A user subject to categorical pretreatment standards; or
      (2)   A user that:
         (a)   Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
         (b)   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as such by the town on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
      (3)   Upon a finding that a user meeting the criteria in division (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the town may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR part 403.8(f)(6) and 40 CFR part 403.3(u)(2), determine that the uses should not be considered a significant industrial user.
   SLUG LOAD or SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 54.005.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
   STORMWATER. Any flow occurring during or following any form of natural precipitation, and resulting from the precipitation, including snowmelt.
   SUSPENDED SOLIDS or SS or TSS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering.
   TOWN. Sellersburg, Indiana.
   USER or INDUSTRIAL USER. A source of indirect discharge.
   WASTEWATER UTILITY SUPERINTEN- DENT. The person designated by the Town Council who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
   WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
   WASTEWATER TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste
(`93 Code, § 9-141) (Ord. 1994-601, passed 9-26-94)
§ 54.005 PROHIBITED DISCHARGE STANDARDS.
   (A)   (1)   No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference.
      (2)   These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.
   (B)   No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:
      (1)   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to wastestreams with a closed-cup flashpoint of less than 140° F or 60° C, using the test methods specified in 40 CFR part 261.21;
      (2)   Wastewater having a pH less than five or more than ten, or otherwise causing corrosive structural damage to the POTW or equipment;
      (3)   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;
      (4)   Pollutants, including oxygen-demanding pollutants (BOD, and the like), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
      (5)   Wastewater having a temperature greater than 150° F or 65° C, or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F or 40° C;
      (6)   Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass through;
      (7)   Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW sewers including in a quantity that may cause acute worker health and safety problems;
      (8)   Trucked or hauled pollutants, except at discharge points designated by the Wastewater Utility Superintendent in accordance with § 54.023;
      (9)   Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
      (10)   Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to dye wastes and vegetable tanning solutions, or which consequently imparts color to the treatment plant's effluent, thereby violating the town's NPDES permit;
      (11)   Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
      (12)   Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the Wastewater Utility Superintendent;
      (13)   Sludges, screenings or other residues from the pretreatment of industrial wastes;
      (14)   Medical wastes, except as specifically authorized by the Wastewater Utility Superintendent in a wastewater discharge permit;
      (15)   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; and
      (16)   Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW;
   (C) Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
(`93 Code, § 9-145) (Ord. 1994-601, passed 9-26-94)
§ 54.006 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
   (A)   The categorical pretreatment standards found at 40 CFR 403 through 471 are incorporated.
   (B)   Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Wastewater Utility Superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR part 403.6(c).
   (C)   When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Wastewater Utility Superintendent shall impose an alternate limit using the combined wastestream formula in 40 CFR part 403.6(e).
   (D)   A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR part 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard
   (E)   A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR part 403.15.
(`93 Code, § 9-146) (Ord. 1994-601, passed 9-26-94)
§ 54.007 LOCAL LIMITS.
   (A)   The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following daily maximum concentrations based upon a 24-hour composite sample. Multiple industrial wastewater discharged from a permitted facility exclusive of domestic and cooling waters may be combined in a flow weighted manner to determine compliance with the following limitations for a daily maximum 24-hour composite sample:
      (1)   0.10 mg/l arsenic (total);
      (2)   0.016 mg/l mercury (total);
      (3)   2.0 mg/l cadmium (total);
      (4)   12.0 mg/l nickel;
      (5)   0.90 mg/l hex. chromium;
      (6)   1.0 mg/l selenium;
      (7)   3.0 mg/l total chromium;
      (8)   4.1 mg/l silver;
      (9)   4.0 mg/l copper;
      (10)   1.0 mg/l phenols;
      (11)   0.02 mg/l cyanide (total);
      (12)   10.0 mg/l zinc (total); and
      (13)   0.02 mg/l lead (total).
   (B)   The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The Wastewater Utility Superintendent may impose mass limitations in addition to, or in place of, the concentration-based limitations above.
   (C)   Upon the promulgation of the National Categorical Pretreatment Standard (NCPS) for a particular user, the standard, if more stringent than the limitations imposed under this chapter for sources in that category, shall, when effective, immediately supersede the limitations and conditions imposed under this chapter. The Wastewater Utility Superintendent shall notify all known affected users of the applicable permitting and reporting requirements under 40 CFR part 403.12.
(`93 Code, § 9-147) (Ord. 1994-601, passed 9-26-94)
§ 54.008 COUNCIL'S RIGHT OF REVISION.
   The town reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
(`93 Code, § 9-148) (Ord. 1994-601, passed 9-26-94)
§ 54.009 DILUTION.
   No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Wastewater Utility Superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(`93 Code, § 9-149) (Ord. 1994-601, passed 9-26-94)
PRETREATMENT OF WASTEWATER
§ 54.020 PRETREATMENT FACILITIES AND GREASE TRAPS.
   (A)   Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 54.005 within the time limitations specified by EPA, the state or the Wastewater Utility Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing the facilities and operating procedures shall be submitted to the Wastewater Utility Superintendent for review, and shall be acceptable to the Wastewater Utility Superintendent before the facilities are constructed. The review of the plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facilities as necessary to produce a discharge acceptable to the town under the provisions of this chapter.
   (B)   Specific to facilities subject to oil and grease discharge or potential of discharge, the facility shall install a grease trap with a minimum capacity of 1,000 gallons. Notification prior to installation shall be made to the Wastewater Utility Superintendent. Additionally, the facility shall obtain all necessary local and state construction permits prior to installation. Individual traps shall be maintained to ensure proper operation and, at a minimum, be cleaned and pumped once every 60 days.
(`93 Code, § 9-154) (Ord. 1994-601, passed 9-26-94)
§ 54.021 ADDITIONAL PRETREATMENT MEASURES.
   (A)   Whenever deemed necessary, the Wastewater Utility Superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.
   (B)   The Wastewater Utility Superintendent may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
   (C)   Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(`93 Code, § 9-155) (Ord. 1994-601, passed 9-26-94)
§ 54.022 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS.
   (A)   At least once every two years, the Wastewater Utility Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Wastewater Utility Superintendent may require any user to develop, submit for approval and implement a plan. Alternatively, the Wastewater Utility Superintendent may develop a plan for any user.
   (B)   An accidental discharge/slug control plan shall address, at a minimum, the following:
      (1)   Description of discharge practices, including non-routine batch discharges;
      (2)   Description of stored chemicals;
      (3)   Procedures for immediately notifying the Wastewater Utility Superintendent of any accidental or slug discharge, as required by § 54.065; and
      (4)   (a)   Procedures to prevent adverse impact from any accidental or slug discharge.
         (b)   The procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(`93 Code, § 9-156) (Ord. 1994-601, passed 9-26-94)
§ 54.023 HAULED WASTEWATER.
   (A)   (1)   Wastewater haulers shall have a valid wastewater hauler discharge permit before discharging wastes to the POTW.
      (2)   Each permitted wastewater hauling vehicle shall prominently display a number issued by the town on both doors of the vehicle cab. The numbers shall be removable only by destruction.
   (B)   (1)   Wastewater may be introduced into the POTW only at locations designated by the Wastewater Utility Superintendent, and at times as are established by the Wastewater Utility Superintendent.
      (2)   The waste shall not violate this chapter or any other requirements established by the town.
   (C)   Prior to being issued a hauler discharge permit, the following conditions shall be met:
      (1)   Each truck tank shall have a sight glass calibrated in 100 gallon increments.
      (2)   Each vehicle shall be equipped to use the quick disconnect couplers at the wastewater hauler dumping station.
      (3)   Each vehicle shall maintain records evidencing the origin of the wastewater to be discharged and each driver shall record the information on forms provided by the town.
   (D)   All procedures for discharging, for cleanliners and for general sanitary operation on town property as prescribed by the town shall be strictly adhered to by all wastewater haulers delivering wastewater to the designated town dumping station.
   (E)   Wastewater from a domestic level user shall not be mixed with wastewater from an industrial user. Vehicles hauling wastewater from an industrial user shall not be used to haul wastewater from a domestic level user for disposal at the POTW.
   (F)   Wastewater from an industrial user shall identify in writing the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
   (G)   In addition to remedies available to the town elsewhere in this chapter, failure of a wastewater hauler to comply with the provisions set out herein shall be grounds for revocation of their hauler's discharge permit by the Council.
(`93 Code, § 9-157) (Ord. 1994-601, passed 9-26-94)
DISCHARGE PERMIT PROCEDURE
§ 54.035 ANALYSIS.
   When requested by the Wastewater Utility Superintendent, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.
(`93 Code, § 9-160) (Ord. 1994-601, passed 9-26-94)
§ 54.036 PERMIT REQUIRED.
   (A)   No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Wastewater Utility Superintendent, except that a significant industrial user that has filed a timely application pursuant to § 54.037 may continue to discharge for the time period specified therein.
   (B)   The Wastewater Utility Superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
   (C)   (1)   Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out herein.
      (2)   Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
(`93 Code, § 9-161) (Ord. 1994-601, passed 9-26-94)
§ 54.037 EXISTING CONNECTIONS.
   Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue the discharges in the future, shall, within 30 days after the effective date of this chapter, apply to the Wastewater Utility Superintendent for a wastewater discharge permit in accordance with § 54.039, and shall not cause or allow discharges to the POTW to continue after 30 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Wastewater Utility Superintendent.
(`93 Code, § 9-162) (Ord. 1994-601, passed 9-26-94)
§ 54.038 NEW CONNECTIONS.
   (A)   Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain the permit prior to the beginning or recommencing of the discharge.
   (B)   An application for this wastewater discharge permit, in accordance with § 54.039, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence.
(`93 Code, § 9-163) (Ord. 1994-601, passed 9-26-94)
§ 54.039 APPLICATION CONTENTS.
   (A)   All users required to obtain a wastewater discharge permit must submit a permit application.
   (B)   The Wastewater Utility Superintendent may require all users to submit, as part of an application, the following information:
      (1)   All information required by § 54.060;
      (2)   Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
      (3)   Number and type of employees, hours of operation and proposed or actual hours of operation;
      (4)   Each product produced by type, amount, process or processes and rate of production;
      (5)   Type and amount of raw materials processed (average and maximum per day);
      (6)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation, and all points of discharge;
      (7)   Time and duration of discharges; and
      (8)   Any other information as may be deemed necessary by the Wastewater Utility Superintendent to evaluate the wastewater discharge permit application.
   (C)   Incomplete or inaccurate applications will not be processed and will be returned for revision.
(`93 Code, § 9-164) (Ord. 1994-601, passed 9-26-94)
§ 54.040 SIGNATORIES AND CERTIFICATION.
   All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(`93 Code, § 9-165) (Ord. 1994-601, passed 9-26-94)
§ 54.041 PERMIT DECISIONS.
   The Wastewater Utility Superintendent will evaluate the data furnished by the user and may require additional information. Within 15 days of receipt of a complete wastewater discharge permit application, the Wastewater Utility Superintendent will determine whether or not to issue a discharge permit. The Wastewater Utility Superintendent may deny any application for a wastewater discharge permit.
(`93 Code, § 9-166) (Ord. 1994-601, passed 9-26-94)
§ 54.042 PERMIT DURATION.
   A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Wastewater Utility Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(`93 Code, § 9-170) (Ord. 1994-601, passed 9-26-94)
§ 54.043 PERMIT CONTENTS.
   (A)   A wastewater discharge permit shall include the conditions that are deemed reasonably necessary by the Wastewater Utility Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
   (B)   Wastewater discharge permits must contain:
      (1)   A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
      (2)   A statement that the wastewater discharge permit is nontransferable without prior notification to the Town Council in accordance with § 54.046, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
      (3)   Effluent limits based on applicable pretreatment standards;
      (4)   Self-monitoring, sampling, reporting, notification and record-keeping requirements, including an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state or local law; and
      (5)   A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. The schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
   (C)   Wastewater discharge permits may contain, but need not be limited to, the following conditions:
      (1)   Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
      (2)   Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;
      (3)   Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or non- routine discharges;
      (4)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
      (5)   The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
      (6)   Requirements for installation and maintenance of inspection and sampling facilities and equipment;
      (7)   A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
      (8)   Other conditions as deemed appropriate by the Wastewater Utility Superintendent to ensure compliance with this chapter and state and federal laws, rules and regulations.
(`93 Code, § 9-171) (Ord. 1994-601, passed 9-26-94)
§ 54.044 PERMIT APPEALS.
   (A)   The Wastewater Utility Superintendent shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Wastewater Utility Superintendent to reconsider the terms of a wastewater discharge permit within 15 days of notice of its issuance.
   (B)   Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
   (C)   In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
   (D)   The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
   (E)   If the Wastewater Utility Superintendent fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
   (F)   Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the County Circuit Court within 30 days.
(`93 Code, § 9-172) (Ord. 1994-601, passed 9-26-94)
§ 54.045 PERMIT MODIFICATION.
   The Wastewater Utility Superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
   (A)   To incorporate any new or revised federal, state or local pretreatment standards or requirements;
   (B)   To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
   (C)   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
   (D)   Information indicating that the permitted discharge poses a threat to the POTW, town personnel or the receiving waters;
   (E)   Violation of any terms or conditions of the wastewater discharge permit;
   (F)   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
   (G)   Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR part 403.13;
   (H)   To correct typographical or other errors in the wastewater discharge permit; or
   (I)   To reflect a transfer of the facility ownership or operation to a new owner or operator.
(`93 Code, § 9-173) (Ord. 1994-601, passed 9-26-94)
§ 54.046 PERMIT TRANSFER.
   (A)   Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days advance notice to the Wastewater Utility Superintendent and the Wastewater Utility Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:
      (1)   States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
      (2)   Identifies the specific date on which the transfer is to occur; and
      (3)   Acknowledges full responsibility for complying with the existing wastewater discharge permit.
   (B)   Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(`93 Code, § 9-174) (Ord. 1994-601, passed 9-26-94)
§ 54.047 PERMIT REVOCATION.
   (A)   The Wastewater Utility Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
      (1)   Failure to notify the Wastewater Utility Superintendent of significant changes to the wastewater prior to the changed discharge;
      (2)   Failure to provide prior notification to the Wastewater Utility Superintendent of changed conditions pursuant to § 54.064;
      (3)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
      (4)   Falsifying self-monitoring reports;
      (5)   Tampering with monitoring equipment;
      (6)   Refusing to allow the Wastewater Utility Superintendent or his or her agent timely access to the facility premises and records;
      (7)   Failure to meet effluent limitations;
      (8)   Failure to pay fines or civil penalties;
      (9)   Failure to pay sewer charges;
      (10)   Failure to met compliance schedules;
      (11)   Failure to complete a wastewater survey or the wastewater discharge permit application;
      (12)   Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
      (13)   Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
   (B)   (1)   Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership.
      (2)   All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(`93 Code, § 9-175) (Ord. 1994-601, passed 9-26-94)
§ 54.048 PERMIT REISSUANCE.
   (A)   A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 54.039.
   (B)   The reissuance application shall be submitted a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
(`93 Code, § 9-176) (Ord. 1994-601, passed 9-26-94)
§ 54.049 WASTE RECEIVED FROM OTHER JURISDICTIONS.
   (A)   If another municipality or sewer district contributes wastewater to the POTW, the Wastewater Utility Superintendent shall enter into an intermunicipal or interdistrict agreement with the contributing entity.
   (B)   Prior to entering into an agreement required by division (A) above, the Wastewater Utility Superintendent shall request the following information from the contributing entity:
      (1)   A description of the quality and volume of wastewater discharged to the POTW by the contributing entity;
      (2)   An inventory of all users located within the contributing entity that are discharging to the POTW; and
      (3)   Other information as the Wastewater Utility Superintendent may deem necessary.
   (C)   An agreement, as required by division (A) above shall contain the following conditions:
      (1)   (a)   A requirement for the contributing entity to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 54.007; and
         (b)   A requirement that the ordinance and limits must be revised as necessary to reflect changes made to the town's ordinance or local limits.
      (2)   A requirement for the contributing entity to submit a revised user inventory on at least an annual basis;
      (3)   A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Wastewater Utility Superintendent; and which of these activities will be conducted jointly by the contributing municipality and the Wastewater Utility Superintendent;
      (4)   A requirement for the contributing entity to provide the Wastewater Utility Superintendent with access to all information that the contributing entity obtains as part of its pretreatment activities;
      (5)   Limits on the nature, quality and volume of the contributing entity's wastewater at the point where it discharges to the POTW;
      (6)   Requirements for monitoring the contributing entity's discharge;
      (7)   A provision ensuring the Wastewater Utility Superintendent access to the facilities of users located within the contributing entity's jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the Wastewater Utility Superintendent; and
      (8)   A provision specifying remedies available for breach of the terms of this intermunicipal or interdistrict agreement.
(`93 Code, § 9-177) (Ord. 1994-601, passed 9-26-94)
REPORTING REQUIREMENTS; MONITORING
§ 54.060 BASELINE MONITORING REPORTS.
   (A)   (1)   Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR part 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Wastewater Utility Superintendent a report which contains the information listed in division (B) below.
      (2)   At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Wastewater Utility Superintendent a report which contains the information listed in division (B) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
   (B)   Users described above shall submit the information set forth below:
      (1)   Identifying information. The name and address of the facility, including the name of the operator and owner.
      (2)   Environmental permits. A list of any environmental control permits held by or for the facility.
      (3)   Description of operations.
         (a)   A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by the user;
         (b)   This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
      (4)   Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR part 403.6(e).
      (5)   Measurement of pollutants.
         (a)   The categorical pretreatment standards applicable to each regulated process; and
         (b)   The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Wastewater Utility Superintendent, of regulated pollutants in the discharge from each regulated process;
            1.   Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 54.069.
            2.   Sampling must be performed in accordance with procedures set out in § 54.070.
      (6)   Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
      (7)   Compliance schedule.
         (a)   If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
         (b)   A compliance schedule pursuant to this section must meet the requirements set out in § 54.061.
      (8)   Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 54.040.
(`93 Code, § 9-180) (Ord. 1994-601, passed 9-26-94)
§ 54.061 COMPLIANCE SCHEDULE PROGRESS REPORTS.
   The following conditions shall apply to the compliance schedule required by § 54.060(B)(7):
   (A)   The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. Such events include, but are not limited to hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, project status reports, beginning operation and attain compliance.
   (B)   No increment referred to above shall exceed nine months.
   (C)   The user shall submit a progress report to the Wastewater Utility Superintendent no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.
   (D)   In no event shall more than nine months elapse between the progress reports to the Wastewater Utility Superintendent.
(`93 Code, § 9-181) (Ord. 1994-601, passed 9-26-94)
§ 54.062 REPORTS ON COMPLIANCE.
   (A)   Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to the pretreatment standards and requirements shall submit to the Wastewater Utility Superintendent a report containing the information described in § 54.060(B)(4) through (B)(6).
   (B)   (1)   For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR part 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate.
      (2)   For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 54.040.
(`93 Code, § 9-182) (Ord. 1994-601, passed 9-26-94)
§ 54.063 PERIODIC COMPLIANCE REPORTS.
   (A)   All significant industrial users shall, at a frequency determined by the Wastewater Utility Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 54.040.
   (B)   All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are representative of its discharge.
   (C)   If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Wastewater Utility Superintendent, using the procedures prescribed in § 54.070, the results of this monitoring shall be included in the report.
(`93 Code, § 9-183) (Ord. 1994-601, passed 9-26-94)
§ 54.064 REPORTS OF CHANGED CONDITIONS.
   (A)   Each user must notify the Wastewater Utility Superintendent of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 90 days before the change.
   (B)   The Wastewater Utility Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 54.039.
   (C)   The Wastewater Utility Superintendent may issue a wastewater discharge permit under § 54.041 or modify an existing wastewater discharge permit under § 54.045 in response to changed conditions or anticipated changed conditions.
   (D)   For purposes of this requirement, significant changes include, but are not limited to flow increases of 20% or greater and the discharge of any previously unreported pollutants.
(`93 Code, § 9-184) (Ord. 1994-601, passed 9-26-94)
§ 54.065 REPORTS OF POTENTIAL PROBLEMS.
   (A)   In case of any discharge, including, but not limited to, accidental discharges, discharges of non- routine, episodic nature, a non-customary batch discharge or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Wastewater Utility Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
   (B)   (1)   Within five days following the discharge, the user shall, unless waived by the Wastewater Utility Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences.
      (2)   The notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall the notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this chapter.
   (C)   (1)   A notice shall be permanently posted on the user's bulletin or other prominent place advising employees whom to call in the event of a discharge described in division (A) above.
      (2)   Employers shall ensure that all employees who may cause a discharge to occur are advised of the emergency notification procedure.
(`93 Code, § 9-185) (Ord. 1994-601, passed 9-26-94)
§ 54.066 REPORTS FROM UNPERMITTED USERS.
   All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Wastewater Utility Superintendent as the Wastewater Utility Superintendent may require.
(`93 Code, § 9-186) (Ord. 1994-601, passed 9-26-94)
§ 54.067 NOTICE OF VIOLATION; REPEAT SAMPLING AND REPORTING.
   (A)   If sampling performed by a user indicates a violation, the user must notify the Wastewater Utility Superintendent within 24 hours of becoming aware of the violation.
   (B)   The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Wastewater Utility Superintendent within 30 days after becoming aware of the violation. The user is not required to resample if the Wastewater Utility Superintendent monitors at the user's facility at least once a month, or if the Wastewater Utility Superintendent samples between the user's initial sampling and when the user receives the results of this sampling.
(`93 Code, § 9-187) (Ord. 1994-601, passed 9-26-94)
§ 54.068 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
   (A)   (1)   Any user who commences the discharge of hazardous waste shall notify the POTW, the U.S. EPA Region V, and the IDEM, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261.
      (2)   The notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of the waste per calendar month to the POTW, the notification also shall contain the following information to the extent the information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of the constituents in the wastestream discharged during that calendar month and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.
      (3)   All notifications must take no place no later than 180 days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 54.064. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 54.060, 54.062 and 54.063.
   (B)   (1)   Dischargers are exempt from the requirements of division (A) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR parts 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR parts 261.30(d) and 261.33(e), requires a one-time notification.
      (2)   Subsequent months during which the user discharges more than the permissible quantities of any hazardous waste do not require additional notification.
   (C)   In the case of any new regulations under 42 USC 6901 et seq. identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Wastewater Utility Superintendent, the EPA Region V and the IDEM of the discharge of the substance within 90 days of the effective date of the regulations.
   (D)   In case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
   (E)   This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(`93 Code, § 9-188) (Ord. 1994-601, passed 9-26-94)
§ 54.069 ANALYTICAL REQUIREMENTS.
   (A)   All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard.
   (B)   If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
(`93 Code, § 9-189) (Ord. 1994-601, passed 9-26-94)
§ 54.070 SAMPLE COLLECTION.
   (A)   (1)   Except as indicated in division (B) below, the user must collect wastewater samples using flow proportional composite collection techniques.
      (2)   In the event flow proportional sampling is infeasible, the Wastewater Utility Superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the uses demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
   (B)   Samples for oil and grease (O&G), temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
(`93 Code, § 9-190) (Ord. 1994-601, passed 9-26-94)
§ 54.071 TIMING.
   (A)   Written reports will be deemed to have been submitted on the date postmarked.
   (B)   For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(`93 Code, § 9-191) (Ord. 1994-601, passed 9-26-94)
§ 54.072 RECORD KEEPING.
   (A)   Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of the requirements.
   (B)   (1)   Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of the analyses.
      (2)   These records shall remain available for a period of at least three years.
      (3)   This period shall be automatically extended for the duration of any litigation concerning the user or where the user has been specifically notified of a longer retention period by the Wastewater Utility Superintendent.
(`93 Code, § 9-192) (Ord. 1994-601, passed 9-26-94)
§ 54.073 RIGHT OF ENTRY; INSPECTION AND SAMPLING.
   (A)   The Wastewater Utility Superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder.
   (B)   Users shall allow the Wastewater Utility Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the perfor- mance of any additional duties.
      (1)   Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Wastewater Utility Superintendent or his or her agent will be permitted to enter without delay for the purposes of performing specific responsibilities.
      (2)   The Wastewater Utility Superintendent or his or her agent shall have the right to set up on the user's property, or require installation of, the devices as are necessary to conduct sampling and/or metering of the user's operations.
      (3)   (a)   The Wastewater Utility Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at his or her own expense.
         (b)   All devices used to measure wastewater flow and quality shall be calibrated at a minimum of once per year to ensure their accuracy.
      (4)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Wastewater Utility Superintendent and shall not be replaced. The costs of clearing the access shall be borne by the user.
      (5)   Unreasonable delays in allowing the Wastewater Utility Superintendent or his or her agent access to the user's premises shall be a violation of this chapter.
(`93 Code, § 9-198) (Ord. 1994-601, passed 9-26-94)
§ 54.074 SEARCH WARRANTS.
   If the Wastewater Utility Superintendent has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Wastewater Utility Superintendent may seek issuance of a search warrant from the county circuit court.
(`93 Code, § 9-199) (Ord. 1994-601, passed 9-26-94)
§ 54.075 CONFIDENTIAL INFORMATION PROCEDURES.
   (A)   Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from the Wastewater Utility Superintendent's inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Wastewater Utility Superintendent, that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law.
   (B)   (1)   Any request pursuant to division (A) must be asserted at the time of submission of the information or data.
      (2)   When requested and demonstrated by the user furnishing a report that the information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.
   (C)   Pursuant to the provisions of 40 CFR part 2.201 et seq., wastewater constituents and characteristics and other “effluent data” will not be recognized as confidential information and will be available to the public without restriction.
(`93 Code, § 9-202) (Ord. 1994-601, passed 9-26-94)
§ 54.076 ANNUAL PUBLICATION OF NONCOMPLIANCE.
   (A)   The Wastewater Utility Superintendent may publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
   (B)   The term “significant noncompliance” shall mean:
      (1)   (a)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
         (b)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, FOG and 1.2 for all other pollutants except pH);
         (c)   Any other discharge violation that the Wastewater Utility Superintendent believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
      (2)   Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Wastewater Utility Superintendent's exercise of its emergency authority to halt or prevent the discharge;
      (3)   Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, complying with construction requirements or attaining final compliance;
      (4)   Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance schedules;
      (5)   Failure to accurately report noncompliance; or
      (6)   Any other violation(s) which the Wastewater Utility Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(`93 Code, § 9-204) (Ord. 1994-601, passed 9-26-94)
ADMINISTRATION AND ENFORCEMENT
§ 54.090 NOTIFICATION OF VIOLATION.
   When the Wastewater Utility Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Utility Superintendent may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Wastewater Utility Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Wastewater Utility Superintendent to take any action, including emergency actions or any other enforcement action, without issuing a notice of violation.
(`93 Code, § 9-206) (Ord. 1994-601, passed 9-26-94)
§ 54.091 AGREED ORDERS.
   The town may enter into agreed orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. The documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. The documents shall have the same force and effect as the administrative orders issued pursuant to §§ 54.093 and 54.094 and shall be judicially enforceable.
(`93 Code, § 9-207) (Ord. 1994-601, passed 9-26-94)
§ 54.092 SHOW CAUSE HEARING.
   (A)   (1)   The Wastewater Utility Superintendent may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Wastewater Utility Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for the action, and a request that the user show cause why the proposed enforcement action should not be taken.
      (2)   The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. The notice may be served on any authorized representative of the user.
   (B)   A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(`93 Code, § 9-208) (Ord. 1994-601, passed 9-26-94)
§ 54.093 COMPLIANCE ORDERS.
   (A)   When the Wastewater Utility Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Utility Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated.
   (B)   Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(`93 Code, § 9-209) (Ord. 1994-601, passed 9-26-94)
§ 54.094 CEASE AND DESIST ORDERS.
   (A)   When the Wastewater Utility Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Wastewater Utility Superintendent may issue an order to the user directing it to cease and desist all violations.
   (B)   The Superintendent may direct the user to:
      (1)   Immediately comply with all requirements; and
      (2)   Take the appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
   (C)   Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(`93 Code, § 9-210) (Ord. 1994-601, passed 9-26-94)
§ 54.095 ADMINISTRATIVE FINES.
   (A)   (1)   When the Utility Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Utility Superintendent may fine the user in an amount not to exceed $25,000, as provided by the Federal Clean Water Act, 33 USC 1365.
      (2)   The fine shall be assessed on a per violation, per day basis.
      (3)   In the case of violations of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
   (B)   Unpaid charges, fines and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1.8% per month. A lien against the user's property will be sought for unpaid charges, fines and penalties.
   (C)   (1)   Users desiring to dispute the fines must file a written request for the Wastewater Utility Superintendent to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine.
      (2)   Where a request has a merit, the Wastewater Utility Superintendent may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Wastewater Utility Superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
   (D)   Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(`93 Code, § 9-211) (Ord. 1994-601, passed 9-26-94)
§ 54.096 EMERGENCY SUSPENSIONS.
   (A)   (1)   The Wastewater Utility Superintendent may immediately suspend a user's discharge, after formal notice to the user, whenever the suspension is necessary to stop an actual or threatened discharge which reasonably appears to, present or cause an imminent or substantial endangerment to the health or welfare of persons.
      (2)   The Wastewater Utility Superintendent may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
   (B)   Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Wastewater Utility Superintendent may take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Wastewater Utility Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Wastewater Utility Superintendent that the period of endangerment has passed, unless the termination proceedings in § 54.097 are initiated against the user.
   (C)   A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contributions and the measures taken to prevent any future occurrence, to the Wastewater Utility Superintendent prior to the date of any show cause or termination hearing under §§ 54.092 and 54.097.
   (D)   Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(`93 Code, § 9-212) (Ord. 1994-601, passed 9-26-94)
§ 54.097 TERMINATION OF DISCHARGE.
   (A)   In addition to the provisions in § 54.047, any user who violates the following conditions is subject to discharge termination:
      (1)   Violation of wastewater discharge permit conditions;
      (2)   Failure to accurately report the wastewater constituents and characteristics of its discharge;
      (3)   Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
      (4)   Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or
      (5)   Violation of the pretreatment standards herein.
   (B)   (1)   The user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 54.092 why the proposed action should not be taken.
      (2)   Exercise of this option by the Wastewater Utility Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(`93 Code, § 9-213) (Ord. 1994-601, passed 9-26-94)
§ 54.098 INJUNCTIVE RELIEF.
   When the Wastewater Utility Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Utility Superintendent may petition the County Circuit Court through the Town Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The Wastewater Utility Superintendent may also seek other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(`93 Code, § 9-216) (Ord. 1994-601, passed 9-26-94)
§ 54.099 CIVIL PENALTIES.
   (A)   A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the town for a maximum civil penalty of $25,000 per violation, per day. In the case of a violation of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
   (B)   The Wastewater Utility Superintendent may recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the town.
   (C)   In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
   (D)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(`93 Code, § 9-217) (Ord. 1994-601, passed 9-26-94)
§ 54.100 REMEDIES NONEXCLUSIVE.
   (A)   (1)   The remedies provided for in this chapter are not exclusive. The Wastewater Utility Superintendent may take any, all or a combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the town's enforcement response plan.
      (2)   However, the Wastewater Utility Superintendent may take other action against any user when the circumstances warrant.
   (B)   Further, the Wastewater Utility Superintendent is empowered to take more than one enforcement action against any noncompliant user.
(`93 Code, § 9-218) (Ord. 1994-601, passed 9-26-94)
§ 54.101 UPSET.
   (A)   For purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
   (B)   An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (C) below are met.
   (C)   A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
      (1)   An upset occurred and the user can identify the cause(s) of the upset;
      (2)   The facility was at the time being operating in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
      (3)   The user has submitted the following information to the Wastewater Utility Superintendent within 24 hours of becoming aware of the upset:
         (a)   A description of the indirect discharge and cause of noncompliance;
         (b)   The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
         (c)   Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance;
   (D)   (1)   In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
      (2)   Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
   (E)   Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(`93 Code, § 9-222) (Ord. 1994-601, passed 9-26-94)
§ 54.102 PROHIBITED DISCHARGE STANDARDS.
   (A)   A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in § 54.005(A) or the specific prohibitions in § 54.005(B)(3).
   (B)   A user must prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference, and that either:
      (1)   A local limit exists for each pollutant discharged and the user was in compliance with each
limit directly prior to, and during, the pass through or interference; or
      (2)   No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the town was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(`93 Code, § 9-223) (Ord. 1994-601, passed 9-26-94)
§ 54.103 BYPASS.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BYPASS. The intentional diversion of wastestreams from any portion of a user's treatment facility.
   SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
   (B)   A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of divisions (C) and (D) of this section.
   (C)   (1)   If a user knows in advance of the need for a bypass, it shall submit prior notice to the Wastewater Utility Superintendent at least ten days before the date of the bypass, if possible.
      (2)   A user shall submit oral notice to the Wastewater Utility Superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass.
      (3)   The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The Wastewater Utility Superintendent may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
   (D)   Bypass is prohibited, and the Wastewater Utility Superintendent may take an enforcement action against a user for a bypass, unless:
      (1)   Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
      (2)   There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
      (3)   The user submitted notices as required under division (C) of this section.
   (E)   The Wastewater Utility Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Wastewater Utility Superintendent determines that it will meet the three conditions listed in division (D) above.
(`93 Code, § 9-224) (Ord. 1994-601, passed 9-26-94)
RATES AND CHARGES
§ 54.115 PRETREATMENT CHARGES AND FEES.
   (A)   The Council may adopt reasonable fees for reimbursement of costs of setting up and operating the town's pretreatment program.
   (B)   These fees may include:
      (1)   Fees for wastewater discharge permit applications including the cost of processing the applications;
      (2)   Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
      (3)   Fees for reviewing and responding to accidental discharge procedures and construction;
      (4)   Fees for filing appeals; and
      (5)   Other fees as the Council may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the town.
(`93 Code, § 9-228) (Ord. 1994-601, passed 9-26-94)
§ 54.116 SURCHARGE AND FEE SCHEDULE.
   (A)   If the characteristics of the wastewater of any user as determined by the town shall be such as to impose a burden upon the POTW, then an additional charge or surcharge as determined by the Council shall be charged the user responsible before such wastewater may be discharged into the system. This surcharge fee shall be collected on the basis of estimating the surchargeable amount with each monthly billing.
   (B)   The surcharges to be charged for the treatment of extra strength sewage shall be determined by the following table.
   (C)   The surcharge shall come into effect should the concentration of BOD5, TSS and ammonia as nitrogen exceed the concentrations listed in the first column. The surcharge shall be charged for each gallon or pound of the particular pollutant in excess of these concentrations.
 
Pollutant
Maximum Concentration
Surcharge
BOD5
< 200 mg/l
$0.23/gallon over 200 mg/l
TSS
< 250 mg/l
$0.19/pound over 250 mg/l
Ammonia as Nitrogen
< 30 mg/l
$0.60/pound over 30 mg/l
 
(`93 Code, § 9-229) (Ord. 1994-601, passed 9-26-94)
CHAPTER 55: STORMWATER CONTROL
Section
General Provisions
   55.001   Authority and title
   55.002   Applicability and exemptions
   55.003   Background
   55.004   Findings
   55.005   Purpose
   55.006   Abbreviations and definitions
   55.007   Responsibility for administration
   55.008   Interpretation
   55.009   Disclaimer of liability
Prohibited Discharges and Connections
   55.025   Applicability and exemptions
   55.026   Prohibited discharges and connections
   55.027   Exempted discharges and connections
   55.028   Storage of hazardous or toxic material
   55.029   Private property maintenance duties
   55.030   Spill reporting
   55.031   Inspections and monitoring
Stormwater Quantity Management
   55.040   Applicability and exemptions
   55.041   Policy on stormwater quantity management
   55.042   Calculations and design standards and specifications
   55.043   Placement of utilities
   55.044   Inspection, maintenance, record keeping, and reporting
Stormwater Pollution Prevention for Construction Sites
   55.055   Applicability and exemptions
   55.056   Policy on stormwater pollution prevention
   55.057   Calculations and design standards and specifications
   55.058   Inspection, maintenance, record keeping, and reporting
Stormwater Quality Management for Post-Construction
   55.070   Applicability and exemptions
   55.071   Policy on stormwater quality management
   55.072   Calculations and design standards and specifications
   55.073   Inspection, maintenance, record keeping, and reporting
Permit Requirements and Procedure
   55.080   Permit procedures
   55.081   Information requirements
   55.082   Changes to plans
   55.083   Required assurances
   55.084   Certification of as-built plans
Enforcement
   55.095   Compliance with this chapter
   55.096   Enforcement of this chapter
   55.097   Cost of abatement of the violation
   55.098   Appeals
   Appendix A:   Abbreviations and definitions
GENERAL PROVISIONS
§ 55.001 AUTHORITY AND TITLE.
   (A)   This chapter is required by Phase II of the National Pollutant Discharge Elimination System program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act, the Indiana Department of Environmental Management’s Rule 13 (327 IAC 15-13), and the Indiana Department of Environmental Management’s Rule 5 (327 IAC 15-5). Based on this authority and these requirements, this chapter regulates:
      (1)   Discharges of prohibited non-stormwater flows into the storm drain system;
      (2)   Stormwater drainage improvements related to development of lands located within the corporate boundaries of the Town of Sellersburg (“town");
      (3)   Drainage control systems installed during new construction and grading of lots and other parcels of land;
      (4)   Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land;
      (5)   The design, construction, and maintenance of stormwater drainage facilities and systems; and
      (6)   The design, construction, and maintenance of stormwater quality facilities and systems.
   (B)   This chapter shall be known and may be cited as the Town of Sellersburg Drainage Ordinance. Once adopted, this chapter will supersede any conflicting ordinances previously adopted by the Town of Sellersburg.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.002 APPLICABILITY AND EXEMPTIONS.
   (A)   This chapter shall regulate all development and redevelopment occurring within the Town of Sellersburg. No building permit shall be issued and no land disturbance started for any construction in a development, as defined in Appendix A, until the plans required by this chapter for such construction have been accepted in writing by the town. With the exception of the requirements of §§ 55.025 et seq. and § 55.083, single-family dwelling houses and duplexes in accepted subdivisions and land-disturbing activities affecting less than 10,000 square feet of area shall be exempt from the requirements of this chapter. Also exempt from this chapter shall be agricultural land-disturbing activities.
   (B)   In addition to the requirements of this chapter and its companion Stormwater Technical Standards Manual, compliance with all applicable ordinances of Town of Sellersburg as well as with applicable federal, State of Indiana, and other local statues and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available. Sellersburg municipal projects shall be exempt from obtaining a permit but are expected to meet all applicable technical requirements of this chapter and the Town of Sellersburg Stormwater Technical Standards Manual. In case there are conflicts between the requirements contained in this chapter and applicable requirements contained in other regulatory documents referenced above, the most restrictive shall prevail.
   (C)   Any construction project which has had its final drainage plan accepted by the town within a two-year period prior to the effective date of this chapter shall be exempt from all requirements of this chapter that are in excess of the requirements of ordinances in effect at the time of acceptance. Such an exemption is not applicable to the requirements detailed in §§ 55.025 et seq.
   (D)   The Town of Sellersburg Council has the authority to modify, grant exemptions, and/or waive any and all the requirements of this chapter and its associated technical standards document. A pre-submittal meeting with the town may be requested by the applicant to discuss the applicability of various provisions of the chapter and its associated technical standards document with regards to unique or unusual circumstances relating to a project. However, any initial determination of such applicability shall not be binding on future determinations of the town that may be based on the review of more detailed information and plans.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.003 BACKGROUND.
   (A)   On December 8, 1999, Phase II of the National Pollutant Discharge Elimination System (NPDES) permit program was published in the Federal Register. The NPDES program, as authorized by the 1972 amendments to the Clean Water Act, controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Phase II of NPDES requires permit coverage for stormwater discharges from regulated small municipal separate storm sewer systems (MS4s) and for small construction activity that results in the disturbance of equal to or greater than one acre. This federal regulation went into effect March 10, 2003. In response to Phase II of NPDES, the Indiana Department of Environmental Management enacted Rule 13 (327 IAC 15-13) and revised Rule 5 (327 IAC 15-5).
   (B)   Under these state and federal regulations, the Town of Sellersburg is required to establish a regulatory mechanism for regulating stormwater quality management. The town had created ordinances to meet these regulations. Therefore, this document was created to update and consolidate these current ordinances into one comprehensive Drainage Ordinance and accompanying Stormwater Technical Standards.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.004 FINDINGS.
   The Town of Sellersburg finds that:
   (A)   Water bodies, roadways, structures, and other property within, and downstream of the town are at times subjected to flooding;
   (B)   Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the region;
   (C)   Land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, increased flooding, increased stream channel erosion, and increased sediment transport and deposition;
   (D)   Soil erosion resulting from land-disturbing activities causes a significant amount of sediment and other pollutants to be transported off-site and deposited in ditches, streams, wetlands, lakes, and reservoirs;
   (E)   Increased stormwater runoff rates and volumes, and the sediments and pollutants associated with stormwater runoff from future development projects within the town will, absent reasonable regulation and control, adversely affect the town's water bodies and water resources;
   (F)   Pollutant contributions from illicit discharges within the town will, absent reasonable regulation, monitoring, and enforcement, adversely affect the town's water bodies and water resources;
   (G)   Stormwater runoff, soil erosion, non-point source pollution, and illicit sources of pollution can be controlled and minimized by the regulation of stormwater management;
   (H)   Adopting the standards, criteria, and procedures contained and referenced in this chapter and implementing the same will address many of the deleterious effects of stormwater runoff and illicit discharges; and
   (I)   Adopting this chapter is necessary for the preservation of the public health, safety, and welfare, for the conservation of natural resources, and for compliance with state and federal regulations.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.005 PURPOSE
   The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the Town of Sellersburg through the regulation of stormwater and non-stormwater discharges to the storm drainage system and to protect, conserve and promote the orderly development of land and water resources within the town. This chapter establishes methods for managing the quantity and quality of stormwater entering into the storm drain system in order to comply with state and federal requirements. The objectives of this chapter are:
   (A)   To reduce the hazard to public health and safety caused by excessive stormwater runoff;
   (B)   To regulate the contribution of pollutants to the storm drain system from construction site runoff;
   (C)   To regulate the contribution of pollutants to the storm drain system from runoff from new development and re-development;
   (D)   To prohibit illicit discharges into the storm drain system; and
   (E)   To establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this chapter.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.006 ABBREVIATIONS AND DEFINITIONS.
   For the purpose of this chapter, the abbreviations and definitions provided in Appendix A shall apply.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.007 RESPONSIBILITY FOR ADMINISTRATION.
   The Town of Sellersburg shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated by the Town Manager to qualified persons or entities acting in the beneficial interest of or in the employ of the town.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.008 INTERPRETATION.
   Words and phrases in this chapter shall be construed according to their common and accepted meanings, except that words and phrases defined in Appendix A shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this chapter but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.009 DISCLAIMER OF LIABILITY.
   The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study. Larger storms may occur or stormwater runoff amounts may be increased by man-made or natural causes. This chapter does not imply that land uses permitted will be free from stormwater damage. This chapter shall not create liability on the part of the Town of Sellersburg or any officer, representative, or employee thereof, for any damage that may result from reliance on this chapter or on any administrative decision lawfully made there under.
(Ord. 2021-OR-003, passed 1-11-21)
PROHIBITED DISCHARGES AND CONNECTIONS
§ 55.025 APPLICABILITY AND EXEMPTIONS.
   (A)   This section shall apply to all discharges, including illegal dumping, entering the storm drain system under the control of the Town of Sellersburg, regardless of whether the discharge originates from developed or undeveloped lands, and regardless of whether the discharge is generated from an active construction site or a stabilized site. These discharges include flows from direct connections to the storm drain system, illegal dumping, and contaminated runoff.
   (B)   Stormwater runoff from agricultural, timber harvesting, and mining activities are exempted from the requirements of this section unless determined to contain pollutants not associated with such activities or in excess of standard practices. Farm residences are not included in this exemption.
   (C)   Any non-stormwater discharge permitted under an NPDES permit, waiver (unless the waiver is solely based on point source considerations, still allowing non-point source discharge of a pollutant), or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for the subject discharge to the storm drain system, is also exempted from this section.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.026 PROHIBITED DISCHARGES AND CONNECTIONS.
   (A)   No person shall discharge to a MS4 conveyance, watercourse, or waterbody, directly or indirectly, any substance other than stormwater or an exempted discharge. Any person discharging stormwater shall effectively minimize pollutants from also being discharged with the stormwater, through the use of best management practices (BMPs).
   (B)   Concrete washout material must be properly contained within an appropriate practice and any waste material properly disposed of.
   (C)   The town is authorized to require dischargers to implement pollution prevention measures, utilizing BMPs necessary to prevent or reduce the discharge of pollutants into the town's stormwater drainage system.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.027 EXEMPTED DISCHARGES AND CONNECTIONS.
   Notwithstanding other requirements in this chapter, the following categories of non-stormwater discharges or flows are exempted from the requirements of this section:
   (A)   Water line flushing;
   (B)   Landscape irrigation;
   (C)   Diverted streamflows;
   (D)   Rising ground waters;
   (E)   Uncontaminated groundwater infiltration;
   (F)   Uncontaminated pumped ground water;
   (G)   Discharges from potable water sources;
   (H)   Foundation drains;
   (I)   Air conditioning condensation;
   (J)   Irrigation water;
   (K)   Springs;
   (L)   Water from crawl space pumps;
   (M)   Footing drains;
   (N)   Lawn watering;
   (O)   Individual residential car washing;
   (P)   Flows from riparian habitats and wetlands;
   (Q)   Dechlorinated swimming pool discharges;
   (R)   Street wash water;
   (S)   Discharges from firefighting activities; and
   (T)   Naturally introduced detritus (e.g. leaves and twigs).
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.028 STORAGE OF HAZARDOUS OR TOXIC MATERIAL.
   Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous or toxic material, including sewage treatment plant stockpiles, on active construction sites must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.029 PRIVATE PROPERTY MAINTENANCE DUTIES.
   Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse located within their property boundaries free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.030 SPILL REPORTING.
   (A)   Any discharger who accidentally discharges into a waterbody any substance other than stormwater or an exempted discharge shall immediately inform the Town of Sellersburg concerning the discharge. A written report concerning the discharge shall be filed with the town and IDEM, by the dischargers, within five days. The written report shall specify:
      (1)   The composition of the discharge and the cause thereof;
      (2)   The date, time, and estimated volume of the discharge;
      (3)   All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence; and
      (4)   The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
   (B)   A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section. This requirement does not relieve discharger from notifying other entities as required by state or federal regulations.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.031 INSPECTIONS AND MONITORING.
   (A)   Storm drainage system. The Town of Sellersburg has the authority to periodically inspect the portion of the storm drainage system under the town's control, in an effort to detect and eliminate illicit connections and discharges into the system. This inspection will include a screening of discharges from outfalls connected to the system in order to determine if prohibited flows are being conveyed into the storm drainage system. It could also include spot testing of waters contained in the storm drainage system itself to detect the introduction of pollutants into the system by means other than a defined outfall, such as dumping or contaminated sheet runoff.
   (B)   Potential polluters. If, as a result of the storm drainage system inspection, a discharger is suspected of an illicit discharge, the town may inspect and/or obtain stormwater samples from stormwater runoff facilities of the subject discharger, to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the town's properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The town or its properly identified representative may place on the discharger's property the equipment or devices used for such sampling or inspection. Identified illicit connections or discharges shall be subject to enforcement action as described in §§ 55.095 et seq.
   (C)   New development and re-development. Following the final completion of construction and the receipt of as-built drawings by the town, the town has the authority to inspect new development and re-development sites to verify that all on-site stormwater conveyances and connections to the storm drainage system are in compliance with this section.
(Ord. 2021-OR-003, passed 1-11-21)
STORMWATER QUANTITY MANAGEMENT
§ 55.040 APPLICABILITY AND EXEMPTIONS.
   The storage and controlled release rate of excess stormwater runoff shall be required for all new business, institutional developments, commercial and industrial developments, residential subdivisions, planned development, rural estate subdivisions, and any redevelopment or other new construction located within the Town of Sellersburg. The town, after thorough investigation and evaluation, may waive the requirement of controlled runoff for minor subdivisions and parcelization.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.041 POLICY ON STORMWATER QUANTITY MANAGEMENT.
   It is recognized that most streams and drainage channels serving the town do not have sufficient capacity to receive and convey stormwater runoff resulting from continued urbanization. Accordingly, the storage and controlled release of excess stormwater runoff as well as compensation for loss of floodplain storage shall be required for all developments and redevelopments (as defined in Appendix A) located within the town. Release rate requirements, downstream restriction considerations, acceptable outlet, adjoining property impact considerations, and compensatory floodplain storage rates are detailed in the Town of Sellersburg Stormwater Technical Standards.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.042 CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS.
   The calculation methods as well as the type, sizing, and placement of all stormwater facilities shall meet the design criteria, standards, and specifications outlined in the Town of Sellersburg Stormwater Technical Standards Manual. The methods and procedures in the Stormwater Technical Standards Manual are consistent with the policy stated above.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.043 PLACEMENT OF UTILITIES.
   No utility company may disturb existing storm drainage facilities without the consent of the town staff, whose decision may be appealed to the Town Council of Sellersburg. All existing drainage facilities shall have senior rights and damage to said facilities shall result in penalties as prescribed in §§ 55.095 et seq.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.044 INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING.
   (A)   After the approval of the stormwater management permit by the town and the commencement of construction activities, the town has the authority to conduct inspections of the work being done to insure full compliance with the provisions of this section, the Stormwater Technical Standards Manual, design and construction standards, and the terms and conditions of the approved permit.
   (B)   The town also has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quantity facilities. The inspection will cover physical conditions, available storage capacity, and the operational condition of key facility elements. Stormwater quantity facilities shall be maintained in good condition, in accordance with the designed and approved performance specifications for the facilities, in addition to any prescribed operation and maintenance procedures, and shall not be subsequently altered, revised or replaced except as approved by the town. If deficiencies are found during the inspection, the owner of the facility will be notified by the town and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the town will undertake the work and collect from the owner using lien rights if necessary.
   (C)   Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body, and determined before the final stormwater permit is approved. Stormwater detention/retention basins may be donated to the town or other unit of government designated by the town, for ownership and permanent maintenance provided that the town or other governmental unit is willing to accept responsibility in writing.
(Ord. 2021-OR-003, passed 1-11-21)
STORMWATER POLLUTION PREVENTION    FOR CONSTRUCTION SITES
§ 55.055 APPLICABILITY AND EXEMPTIONS.
   (A)   The Town of Sellersburg will require a Stormwater Pollution Prevention Plan (SWPPP), which includes erosion and sediment control measures and materials handling procedures, to be submitted as part of a project’s construction plans and specifications. Any project located within the corporate boundaries of the Town of Sellersburg that includes clearing, grading, excavation or other land disturbing activities resulting in the disturbance of 10,000 square feet or more of total land area is subject to the requirements of this subchapter. This includes both new development and re-development. This subchapter also applies to disturbances of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 10,000 square feet or more of total land area. Section 55.057 provides guidelines for calculating land disturbance. Projects meeting the coverage requirements of 327 IAC 15-5 (Rule 5) shall also be in compliance with 327 IAC 15-5.
   (B)   The requirements under this section do not apply to the following activities:
      (1)   Agricultural land disturbing activities; or
      (2)   Forest harvesting activities.
   (C)   The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
      (1)   Landfills that have been issued a certification of closure under 329 IAC 10;
      (2)   Coal mining activities permitted under I.C. 14-34; and
      (3)   Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
   (D)   For an individual lot where land disturbance is expected to be one acre or more, the individual lot owner must complete their own notice of intent letter, apply for a stormwater permit from the town, and ensure that a sufficient construction and stormwater pollution prevention plan is completed and submitted in accordance with §§ 55.080 et seq. regardless of whether the individual lot is part of a larger permitted project site.
   (E)   An individual lot with land disturbance less than 10,000 square feet, located within a larger permitted project site, is considered part of the larger permitted project site, and the individual lot operator must comply with the terms and conditions of the stormwater permit approved for the larger project site. The stormwater permit application for the larger project site must include detailed erosion and sediment control measures for individual lots.
   (F)   It will be the responsibility of the project site owner to complete a stormwater permit application and ensure that a sufficient construction plan is completed and submitted to the town in accordance with §§ 55.080 et seq. It will be the responsibility of the project site owner to ensure compliance with this chapter during the construction activity and implementation of the construction plan, and to notify the town with a sufficient notice of termination letter upon completion of the project and stabilization of the site. However, all persons engaging in construction and land disturbing activities on a permitted project site meeting the applicability requirements must comply with the requirements of this section and this chapter.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.056 POLICY ON STORMWATER POLLUTION PREVENTION.
   Effective stormwater pollution prevention on construction sites is dependent on a combination of preventing movement of soil from its original position (erosion control), intercepting displaced soil prior to entering a waterbody (sediment control), and proper on-site materials handling. For land disturbance of one acre or more, the developer must submit to the town a SWPPP with detailed erosion and sediment control plans as well as a narrative describing materials handling and storage, and construction sequencing. For land disturbances totaling 10,000 square feet or more but less than one acre, appropriate erosion and sediment control measures that are consistent with the Town of Sellersburg technical standards must be designed and shown on the plans. The following principles apply to all land-disturbing activities and shall be considered in the preparation of a SWPPP within the corporate boundaries of the Town of Sellersburg.
   (A)   Minimize the potential for soil erosion by designing a development that fits the topography and soils of the site. Deep cuts and fills in areas with steep slopes should be avoided wherever possible, and natural contours should be followed as closely as possible.
   (B)   Existing natural vegetation should be retained and protected wherever possible. Areas immediately adjacent (within 35 feet of top of bank) to watercourses and lakes also should be left undisturbed wherever possible. Un-vegetated or vegetated areas with less than 70% cover that are scheduled or likely to be left inactive for 15 days or more must be temporarily or permanently stabilized with measures appropriate for the season to reduce erosion potential. Alternative measures to site stabilization may be acceptable if the project site owner or their representative can demonstrate they have implemented and maintained erosion and sediment control measures adequate to prevent sediment discharge from the inactive area.
   (C)   All activities on a site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time during development.
   (D)   The length and steepness of designed slopes should be minimized to reduce erosion potential. Drainage channels and swales must be designed and adequately protected so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet. Methods for determining acceptable velocities are included in the Stormwater Technical Standards Manual.
   (E)   Sediment-laden water which otherwise would flow from the project site shall be treated by erosion and sediment control measures appropriate to minimize sedimentation. A stable construction site access shall be provided at all points of construction traffic ingress and egress to the project site.
   (F)   Appropriate measures shall be implemented to prevent wastes or unused building materials, including garbage, debris, packaging material, fuels and petroleum products, hazardous materials or wastes, cleaning wastes, wastewater, concrete truck washout, and other substances from being carried from a project site by runoff or wind. Identification of areas where concrete truck washout is permissible must be clearly posted at appropriate areas of the site. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable state statutes and regulations. Proper storage and handling of materials such as fuels or hazardous wastes, and spill prevention and cleanup measures shall be implemented to minimize the potential for pollutants to contaminate surface or ground water or degrade soil quality.
   (G)   Public or private roadways shall be kept cleared of accumulated sediment that is a result of runoff or tracking. Bulk clearing of accumulated sediment shall not include flushing the area with water. Cleared sediment shall be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations.
   (H)   Collected runoff leaving a project site must be either discharged directly into a well-defined, stable receiving channel, or diffused and released to adjacent property without causing an erosion or pollutant problem to the adjacent property owner.
   (I)   Natural features, including wetlands, shall be protected from pollutants associated with stormwater runoff.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.057 CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS.
   (A)   In calculating the total area of land disturbance for the purposes of determining applicability of this subchapter to a project, the following guidelines should be used:
      (1)   Off-site construction activities that provide services (for example, road extensions, sewer, water, offsite stockpiles, and other utilities) to a land disturbing project site must be considered as a part of the total land disturbance calculation for the project site when the activity is under the control of the project site owner.
      (2)   Strip developments will be considered as one project site and must comply with this chapter unless the total combined disturbance on all individual lots is less than one acre and is not part of a larger common plan of development or sale.
      (3)   To determine if multi-lot project sites are regulated by this subchapter, the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as roads, utilities, or common areas, and the expected total disturbance on each individual lot, as determined by the following:
         (a)   For a single-family residential project site where the lots are one-half acre or more, one-half acre of land disturbance must be used as the expected lot disturbance.
         (b)   For a single-family residential project site where the lots are less than one-half acre in size, the total lot must be calculated as being disturbed.
         (c)   To calculate lot disturbance on all other types of projects sites, such as industrial and commercial projects project sites, a minimum of one acre of land disturbance must be used as the expected lot disturbance, unless the lots are less than one acre in size, in which case the total lot must be calculated as being disturbed.
   (B)   The calculation methods as well as the type, sizing, and placement of all stormwater pollution prevention measures for construction sites shall meet the design criteria, standards, and specifications outlined in the Indiana Stormwater Quality Manual and the Town of Sellersburg Stormwater Technical Standards Manual. The methods and procedures included in these two references are in keeping with the above stated policy and meet the requirements of IDEM's Rule 5. A copy of the Indiana Stormwater Quality Manual may be obtained through IDEM.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.058 INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING.
   (A)   Following approval of the stormwater management permit by the town and commencement of construction activities, the town has the authority to conduct inspections of the site to ensure full compliance with the provisions of this section, the approved stormwater pollution prevention plan, the Indiana Stormwater Quality Manual, and the terms and conditions of the approved permit.
   (B)   A self-monitoring program must be implemented by the project site owner to ensure the stormwater pollution prevention plan is working effectively. A qualified professional, registered with the town per Ord. 2004-OR-026 shall perform a written evaluation of the project site by the end of the next business day following each measurable storm event. If there are no measurable storm events within a given week, the site should be monitored at least once in that week. Weekly inspections by the qualified professional shall continue until the entire site has been stabilized and a notice of termination has been issued.
   (C)   The qualified professional should look at the maintenance of existing stormwater pollution prevention measures, including erosion and sediment control measures, drainage structures, and construction materials storage/containment facilities, to ensure they are functioning properly. The qualified professional should also identify additional measures, beyond those originally identified in the stormwater pollution prevention plan, necessary to remain in compliance with all applicable statutes and regulations.
   (D)   The resulting evaluation reports must include the name of the qualified professional performing the evaluation, the date of the evaluation, problems identified at the project site, and details of maintenance, additional measures, and corrective actions recommended and completed.
   (E)   The stormwater pollution prevention plan shall serve as a guideline for stormwater quality, but should not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner is responsible for implementing, in accordance with this section, all measures necessary to adequately prevent polluted stormwater runoff. Recommendations by the qualified professional for modified stormwater quality measures should be implemented.
   (F)   Although self-monitoring reports do not need to be submitted to the town, the town has the right to request complete records of maintenance and monitoring activities involving stormwater pollution prevention measures. All evaluation reports for the project site must be made available to the town, in an organized fashion, within 48 hours upon request.
(Ord. 2021-OR-003, passed 1-11-21)
STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION
§ 55.070 APPLICABILITY AND EXEMPTIONS.
   (A)   In addition to the requirements of §§ 55.055 et seq., the stormwater pollution prevention plan, which is to be submitted to the town as part of the stormwater management permit application, must also include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site. Any project located within the corporate boundaries of the Town of Sellersburg that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 10,000 square feet or more of total land area, is subject to the requirements of this section. This includes both new development and re-development, and disturbances of land less than 10,000 square feet of total land area that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb 10,000 square feet or more of total land area. In addition, regardless of the amount of disturbance, the Town of Sellersburg reserves the right to require pre-treatment best management practices (BMPs) for proposed hot spot developments in accordance to provisions contained in the Town of Sellersburg Stormwater Technical Standards Manual.
   (B)   The requirements under this section do not apply to the following activities:
      (1)   Agricultural land disturbing activities;
      (2)   Forest harvesting activities;
      (3)   Construction activities associated with a single family residential dwelling disturbing less than one acre, when the dwelling is not part of a larger common plan of development or sale; or
      (4)   Individual building lots within a larger permitted project.
   (C)   The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
      (1)   Landfills that have been issued a certification of closure under 329 IAC 10;
      (2)   Coal mining activities permitted under I.C. 14-34; and
      (3)   Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the Indiana Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
   (D)   It will be the responsibility of the project site owner to complete a stormwater permit application and ensure that a sufficient construction plan is completed and submitted to the town in accordance with §§ 55.080 et seq. It will be the responsibility of the project site owner to ensure proper construction and installation of all stormwater BMPs (especially, the protection of post-stormwater BMPs during construction phase) in compliance with this chapter and with the approved stormwater management permit, and to notify the town with a sufficient notice of termination letter upon completion of the project and stabilization of the site. However, all eventual property owners of stormwater quality facilities meeting the applicability requirements must comply with the requirements of this section and this chapter.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.071 POLICY ON STORMWATER QUALITY MANAGEMENT.
   (A)   It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and re-development continues within the corporate boundaries of the Town of Sellersburg, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers. Through the use of appropriate BMPs, stormwater runoff will be filtered, and harmful amounts of sediment, nutrients, and contaminants will be removed.
   (B)   The project site owner must submit to the town a SWPPP that shows placement of appropriate BMPs from a pre-approved list of BMPs specified in the Town of Sellersburg Stormwater Technical Standards Manual. The SWPPP submittal shall include an Operation and Maintenance (O and M) Manual for all post-construction BMPs included in the project and a notarized maintenance agreement, consistent with the sample agreement provided in Appendix D of the Town of Sellersburg Stormwater Technical Standards Manual, providing for the long-term maintenance of those BMPs, both of which shall be recorded with the deed for the property on which the project is located. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the Town of Sellersburg Stormwater Technical Standards Manual. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof as to whether the performance and ease of maintenance of such practices will be according to guidelines provided in the Town of Sellersburg Stormwater Technical Standards Manual would be placed with the applicant. Details regarding the procedures and criteria for consideration of acceptance of such BMPs are provided in the Town of Sellersburg Stormwater Technical Standards Manual.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.072 CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS.
   (A)   Calculation of land disturbance should follow the guidelines discussed in § 55.042.
   (B)   The calculation methods as well as the type, sizing, and placement of all stormwater quality management measures, or BMPs shall meet the design criteria, standards, and specifications outlined in the Town of Sellersburg Stormwater Technical Standards Manual. The methods and procedures included in the referenced standards is in keeping with the above stated policy and meet the requirements of IDEM’s Rule 13.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.073 INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING.
   (A)   After the approval of the stormwater management permit by the town and the commencement of construction activities, the town has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this subchapter, the approved SWPPP, the Town of Sellersburg Stormwater Technical Standards Manual, and the terms and conditions of the approved permit.
   (B)   Stormwater quality facilities shall be maintained in good condition in accordance with the operation and maintenance procedures and schedules listed in the Town of Sellersburg Stormwater Technical Standards Manual, in addition to the designed and approved performance specifications for the facilities, and shall not be subsequently altered, revised, or replaced except as approved by the town.
   (C)   The town also has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities. The inspection will cover physical conditions, available water quality storage capacity and the operational condition of key facility elements. Noted deficiencies and recommended corrective action will be included in an inspection report.
(Ord. 2021-OR-003, passed 1-11-21)
PERMIT REQUIREMENTS AND PROCEDURES
§ 55.080 PERMIT PROCEDURES.
   (A)   This subchapter applies to all development, or re-development of land, that results in land disturbance of one acre or more. Individual lots with land disturbance less than one acre shall refer to §§ 55.055 et seq. and §§ 55.070 et seq. for plan review requirements and procedures. Figure 1 is a flowchart summarizing the plan review/permit approval process and can be found at the end of this subchapter.
   (B)   All projects located within the corporate boundaries of the Town of Sellersburg lie within the town's MS4 area boundary by default. The project site owner shall submit an application for a stormwater management permit to the town. The application will include construction plan sheets, a stormwater drainage technical report, a SWPPP, and any other necessary support information. Specific information to be included in the application can be found in § 55.081 below. Four copies of each application must be submitted to the town. The town may, at its discretion, require one or more copies be submitted to the Clark County Surveyor, or other entity deemed appropriate by the town. Additionally, a digital copy of the construction plans is required in a format accepted by the town.
   (C)   After the town’s receipt of the application, the applicant will be notified as to whether their application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. If the application is complete, it will be reviewed in detail by the town and/or its plan review consultant(s). Once the review has been completed, the Town Planning and Zoning Director or their designee will either approve the project, request modifications, or deny the project.
   (D)   The project site owner must notify the town and IDEM 48 hours before beginning construction. Notification shall be in the form of an updated IDEM NOI form. Once a permit has been issued and the updated NOI submitted to the town and IDEM 48 hours before the beginning of construction, construction may commence. Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this chapter and the terms and conditions of the approved permit. Upon completion of construction activities, as-built plans must be submitted to the town. A notice of termination (NOT) shall be sent to the town once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed. The town, or its representative, shall inspect the construction site to verify that the requirements for an NOT have been met. Once the applicant receives a “verified" copy of the NOT, they must forward a copy to IDEM. Permits issued under this scenario will expire five years from the date of issuance. If construction is not completed within five years, the NOI must be resubmitted at least 90 days prior to expiration.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.081 INFORMATION REQUIREMENTS.
   (A)   Specific projects or activities may be exempt from all or part of the informational requirements listed below. Exemptions are detailed in §§ 55.002, 55.025, 55.040, 55.055, and 55.070. If a project or activity is exempt from any or all requirements of this chapter, an application should be filed listing the exemption criteria met, in lieu of the information requirements listed below. This level of detailed information is not required from individual lots, disturbing less than one acre of land, developed within a larger permitted project site. Review and acceptance of such lots is covered under § 55.082.
   (B)   The different elements of a permit submittal include construction plans, a stormwater drainage technical report, a stormwater pollution prevention plan for active construction sites, a post-construction stormwater pollution prevention plan, and any other necessary supporting information. All plans, reports, calculations, and narratives shall be signed and sealed by a professional engineer or a licensed surveyor, registered in the State of Indiana.
      (1)   Construction plans. Construction plan sheets (larger than 11 inches by 17 inches, but not to exceed 24 inches by 36 inches in size) shall describe and depict the existing and proposed conditions. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. Construction plans need to include items listed in the application checklist provided in the Town of Sellersburg Stormwater Technical Standards Manual.
      (2)   Stormwater drainage technical report. A written stormwater drainage technical report must contain a discussion of the steps taken in the design of the stormwater drainage system. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. The technical report needs to include items listed in the application checklist provided in the Town of Sellersburg Stormwater Technical Standards Manual.
      (3)   Stormwater pollution prevention plan (SWPPP) for construction sites. For sites with total disturbance of one acre or more, a stormwater pollution prevention plan associated with construction activities must be designed to, at least, meet the requirements of this chapter. The SWPPP and construction plans must include the items listed in the application checklist provided in the Town of Sellersburg Stormwater Technical Standards Manual. For land disturbances totaling 10,000 square feet or more of land area but less than one acre, appropriate erosion and sediment control measures that are consistent with the Town of Sellersburg Technical Standards must be designed and shown on the plans.
      (4)   Post-construction storm water pollution prevention plan. For sites with total land disturbance of 10,000 square feet or more of total land area, a post-construction stormwater pollution prevention plan must be designed to, at least, meet the requirements of this chapter and must include the information provided in the Town of Sellersburg Stormwater Technical Standards Manual. The post-construction storm water pollution prevention plan must include items listed in the application checklist provided in the Town of Sellersburg Stormwater Technical Standards Manual.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.082 CHANGES TO PLANS.
   Any changes or deviations in the detailed plans and specifications after approval of the applicable stormwater management permit shall be filed with, and accepted by, the Town of Sellersburg prior to the land development involving the change. Copies of the changes, if accepted, shall be attached to the original plans and specifications.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.083 REQUIRED ASSURANCES.
   This subchapter shall apply to all projects whether the stormwater management system or portions thereof will be dedicated to the town or retained privately. As a condition of approval and issuance of the permit, the Town of Sellersburg shall require the applicant to provide assurance in form of an irrevocable letter of credit or a bond when the stormwater management plan has been accepted and before construction begins. Said assurance will guarantee a good faith execution of the stormwater drainage plan, the stormwater pollution prevention plan, the stormwater quality management plan, and any permit conditions. The assurance shall be for an amount equal to 110% of the total costs of all stormwater management measures for the entire project. The above-mentioned costs shall be based on an estimate as prepared by a registered engineer or land surveyor. Said costs shall be for the installation and ongoing monitoring and maintenance of erosion control measures and the construction and ongoing monitoring and maintenance of storm drainage infrastructure, detention/retention facilities, and stormwater quality BMPs, as regulated under this chapter, until the construction is completed, the site is stabilized, and as-built plans are accepted by the town. Assurances shall be for a minimum of $5,000. All other performance bonds, maintenance bonds or other assurances required by the town in accordance with any and all other ordinances shall also apply and so be required. Local governmental jurisdictions may require additional performance and/or maintenance assurances. The intent of this assurance is not only to complete the installation of storm drain infrastructure for the project, but also to assure that adequate stormwater pollution prevention measures are properly installed and maintained. If adequate assurances are set aside by the project site owner for the overall project, proof of total assurance can be submitted in place of an individual stormwater assurance.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.084 CERTIFICATION OF AS-BUILT PLANS.
   (A)   This subchapter shall apply to all projects whether the stormwater management system or portions thereof will be dedicated to the town or retained privately. After completion of construction of the project and before the release of required performance assurances referenced in § 55.083 above, a professionally prepared and certified 'as-built' set of plans (record drawings) shall be submitted to the town for review. These as-built plans/record drawings must be prepared and certified by the Engineer of Record, i.e., the company/engineer who originally prepared the construction plans. Additionally, a digital copy of the ‘as-built’ plans (record drawings) as well as finalized digital versions of all analyses, models, manuals, and reports that are consistent with the as-built conditions are required in a format acceptable to the town. These plans shall include all pertinent data relevant to the completed storm drainage system and stormwater management facilities, and shall include:
      (1)   Pipe size and pipe material;
      (2)   Invert elevations;
      (3)   Top rim elevations;
      (4)   Elevation of the emergency overflow (spillway) for ponds;
      (5)   Grades along the emergency flood routing path(s);
      (6)   Pipe structure lengths;
      (7)   BMP types, dimensions, and boundaries/easements;
      (8)   “As-planted” plans for BMPs, as applicable;
      (9)   Data and calculations showing detention basin storage volume;
      (10)   Data and calculations showing BMP treatment capacity; and
      (11)   Certified statement on plans stating the completed storm drainage system and stormwater management facilities substantially comply with construction plans and the stormwater management permit as approved by the town. See certificate in the Stormwater Technical Standards Manual.
   (B)   The property owner, developer, or contractor shall be required to file a three-year maintenance bond or other acceptable guarantee with the town in an amount not to exceed 25% of the cost of the stormwater management system, and in a form satisfactory to the town in order to assure that such stormwater system installation was done according to standards of good workmanship, that the materials used in the construction and installation were of good quality and construction, and that such project was done in accordance with the accepted plans, and this chapter. The bond or other acceptable guarantee shall be in effect for a period of three years after the date of the release of required performance assurances referenced in § 55.083. The beneficiary of all maintenance bonds shall be the Town Council of the Town of Sellersburg.
   (C)   To verify that all stormwater infrastructure is functioning properly, visual recordings (via closed circuit television) of such infrastructure, including all subsurface drains, shall be required twice: once following the completion of installation of the stormwater management system and submittal of as-builts, and the second time before release of maintenance bonds. These visual recordings will be scheduled by the town and paid for by the developer. Notices shall be provided to the town within 72 hours following the completion of installation and again at least 60 days prior to the expiration date of the maintenance bond so that the noted recordings may be scheduled. Reports summarizing the results of the noted visual recordings shall be reviewed and accepted by the town before the plat is recommended for recording and again before the maintenance bond shall be recommended to be released.
(Ord. 2021-OR-003, passed 1-11-21)
 
ENFORCEMENT
§ 55.095 COMPLIANCE WITH THIS CHAPTER.
   In addition to the requirements of this chapter, compliance with the requirements set forth in the local zoning ordinances is also necessary. Compliance with all applicable ordinances of the Town of Sellersburg as well as with applicable State of Indiana statues and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available. Violations of the requirements of this chapter are subject to the penalties listed in this subchapter.
   (A)   Violations. Any action or inaction which violates the provisions of this chapter, the requirements of an approved stormwater management design plan or permit, and/or the requirements of a recorded stormwater maintenance agreement may be subject to the enforcement actions outlined in this subchapter. Any such action or inaction is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
   (B)   Warning notice. When the town finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the town may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this division shall limit the authority of the town to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.096 ENFORCEMENT OF THIS CHAPTER.
   (A)   Notice of violation/citation.
      (1)   If the town determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management design plan, a recorded stormwater management maintenance agreement, or the provisions of this chapter, it shall issue a written notice of violation to such applicant or other responsible person and the owner of the property. Where a person is engaged in activity covered by this chapter without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
      (2)   The notice of violation can be in the form of a citation ticket and/or a written letter that would contain detailed inspection findings, conclusions of law, disposition of warning or fines assessed, stipulated remedial actions as discussed with the responsible party representative, reasonable deadlines for those remedial actions, and the date of re-inspection.
   (B)   Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the town may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, public education, and the like.
   (C)   Civil penalties for violations.
      (1)   Any person found in violation of any provision of this chapter shall be responsible for a civil infraction and subject to a maximum fine of $2,500 for each offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this subchapter are cumulative and in addition to any other remedies provided by law.
      (2)   An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
      (3)   Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this subchapter.
      (4)   For purposes of this subchapter, SUBSEQUENT OFFENSE means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible.
      (5)   The issuance of fines shall be guided by the schedule below. The town reserves the right to issue a maximum fine for any violation deemed sufficiently egregious or otherwise determined by the town to warrant a maximum penalty.
 
§§ 55.025 et seq. Illicit Discharges
Table of Fines
Fine Category
1st Offense
2nd Offense
3rd Offense
Residential
Warning and cleanup costs
$250 and cleanup costs
$500 and cleanup costs
Commercial Industrial Institutional
Warning and cleanup costs
$1,500 and cleanup costs
$2,500 and cleanup costs
 
 
§§ 55.055 et seq. Construction Activities
Table of Fines
Fine Category
1st Offense
2nd Offense
3rd Offense
Individual lot (residential)
Warning and cleanup costs
$350 and cleanup costs
$750 and cleanup costs
Commercial lot or multi-parcel development (i.e., subdivision, commercial, industrial, institutional)
Warning and cleanup costs
$1,000 and cleanup costs
$2,500 and cleanup costs
 
   (D)   Stop work order.
      (1)   In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this chapter or accepted final stormwater management plans, the town may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the town to proceed with the work. A stop work order will be posted on the site by the town and it is unlawful for any person to remove the notice or continue any work on the site without permission from the town.
      (2)   The town may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work.
      (3)   Any person who neglects or fails to comply with a stop work order shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than $1,000, and such person shall also pay such costs as may be imposed in the discretion of the court. A permit reinstatement fee may also be assessed by the town.
   (E)   Withhold certificate of occupancy. The town may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise satisfied the requirements of this chapter as determined by the town.
   (F)   Suspension, revocation, or modification of permits. The town may suspend, revoke, or modify any existing permit that the violator may also have been previously granted. A suspended, revoked, or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated upon such conditions as the Town of Sellersburg may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
   (G)   Suspension of access to the stormwater drainage system.
      (1)   Emergency cease and desist orders.
         (a)   When the town finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the town may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to immediately comply with all ordinance requirements and take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
         (b)   Any person notified of an emergency order directed to it under this division shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the town may take such steps as deemed necessary to prevent or minimize harm to the stormwater drainage system or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services.
         (c)   The town may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the town that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the town within five days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
      (2)   Suspension due to illicit discharges in emergency situations. The town may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the state if the violator fails to comply with a suspension order issued in an emergency, the town may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the state, or to minimize danger to persons.
      (3)   Suspension due to the detection of illicit discharge. Any person discharging to the stormwater drainage system in violation of this chapter may have their stormwater drainage system access terminated if such termination would abate or reduce an illicit discharge. The town will notify a violator of the proposed termination of its stormwater drainage system access. The violator may petition the town for a reconsideration and hearing. A person commits an offense if the person reinstates stormwater drainage system access to premises terminated pursuant to this subchapter, without the prior approval of the town.
   (H)   Criminal penalties for violations. For intentional and flagrant violations of this chapter, the town may issue a notice to the applicant or other responsible person and the owner of the property, requiring such person to appear in the Circuit or Superior Court of Clark County to answer charges for such violation. Upon conviction, such person shall be punished by a fine as set by the Town Council of Sellersburg, plus costs, damages, and expenses or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.097 COST OF ABATEMENT OF THE VIOLATION.
   (A)   In addition to any other remedies, should any owner fail to comply with the provisions of this subchapter, the town may, after giving notice and opportunity for compliance, have the necessary work done, and the owner shall be required to promptly reimburse the town for all costs of such work.
   (B)   Nothing herein contained shall prevent the town from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the stormwater drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the town’s NPDES permit, administrative costs, attorney fees, court costs, and other costs and expenses associated with the enforcement of this chapter, including sampling and monitoring expenses.
   (C)   If the amount due for abatement of the violation is not paid within a timely manner as determined by the decision of the town or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(Ord. 2021-OR-003, passed 1-11-21)
§ 55.098 APPEALS.
   (A)   Appeal of notice of violation.
      (1)   Any person to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Unsafe Building Commission of Sellersburg the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Unsafe Building Commission of Sellersburg shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed.
      (2)   In considering any such appeal, the Unsafe Building Commission of Sellersburg may consider the recommendations of the Town of Sellersburg staff and/or engineering consultant and the comments of other persons having knowledge of the matter. In considering any such appeal, the Unsafe Building Commission of Sellersburg may recommend a variance from the terms of this chapter to the Town Council of Sellersburg to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
         (a)   The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the chapter; and
         (b)   The granting of the relief requested will not substantially prevent the goals and purposes of this chapter, nor result in less effective management of stormwater runoff.
   (B)   Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the Town Council upholding the decision of the Unsafe Building Commission then representatives of the Town of Sellersburg shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the town or its designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 2021-OR-003, passed 1-11-21)
APPENDIX A: ABBREVIATIONS AND DEFINITIONS
ABBREVIATIONS
BMP
Best management practice
COE
United States Army Corps of Engineers
CWA
Clean Water Act
EPA
Environmental Protection Agency
GIS
Geographical Information System
IDEM
Indiana Department of Environmental Management
MS4
Municipal separate storm sewers
NRCS
USDA-Natural Resources Conservation Service
NPDES
National Pollution Discharge Elimination System
POTW
Publicly owned treatment works
SWCD
Soil and Water Conservation District
SWPPP
Stormwater pollution prevention plan
USDA
United States Department of Agriculture
USFWS
United States Fish and Wildlife Service
 
DEFINITIONS
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGRICULTURAL LAND DISTURBING ACTIVITY. Tillage, planting, cultivation, or harvesting operations for the production of agricultural or nursery vegetative crops. The term also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage pipe. For purposes of this chapter, the term does not include land disturbing activities for the construction of agricultural related facilities, such as barns, buildings to house livestock, roads associated with infrastructure, agricultural waste lagoons and facilities, lakes and ponds, wetlands, and other infrastructure.
   BASE FLOW. Stream discharge derived from groundwater sources as differentiated from surface runoff. Sometimes considered to include flows from regulated lakes or reservoirs.
   BEST MANAGEMENT PRACTICES. Design, construction, and maintenance practices and criteria for stormwater facilities that minimize the impact of stormwater runoff rates and volumes, prevent erosion, and capture pollutants.
   BUFFER STRIP. An existing, variable width strip of vegetated land intended to protect water quality and habitat.
   CAPACITY (OF A STORM DRAINAGE FACILITY). The maximum flow that can be conveyed or stored by a storm drainage facility without causing damage to public or private property.
   CATCH BASIN. A chamber usually built at the curb line of a street for the admission of surface water to a storm drain or subdrain, having at its base a sediment sump designed to retain grit and detritus below the point of overflow.
   CHANNEL. A portion of a natural or artificial watercourse which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a defined bed and banks which serve to confine the water.
   COMPREHENSIVE STORMWATER MANAGEMENT. A comprehensive stormwater program for effective management of stormwater quantity and quality throughout the community.
   CONSTRUCTED WETLAND. A manmade shallow pool that creates growing conditions suitable for wetland vegetation and is designed to maximize pollutant removal.
   CONSTRUCTION ACTIVITY. Land disturbing activities, and land disturbing activities associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.
   CONSTRUCTION SITE ACCESS. A stabilized stone surface at all points of ingress or egress to a project site, for the purpose of capturing and detaining sediment carried by tires of vehicles or other equipment entering or exiting the project site.
   CONTIGUOUS. Adjoining or in actual contact with.
   CONTOUR. An imaginary line on the surface of the earth connecting points of the same elevation.
   CONTOUR LINE. Line on a map which represents a contour or points of equal elevation.
   CONTRACTOR OR SUBCONTRACTOR. An individual or company hired by the project site or individual lot owner, their agent, or the individual lot operator to perform services on the project site.
   CONVEYANCE. Any structural method for transferring stormwater between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
   CROSS SECTION. A graph or plot of ground elevation across a stream valley or a portion of it, usually along a line perpendicular to the stream or direction of flow.
   CULVERT. A closed conduit used for the conveyance of surface drainage water under a roadway, railroad, canal or other impediment.
   DECHLORINATED SWIMMING POOL DISCHARGE. Chlorinated water that has either sat idle for seven days following chlorination prior to discharge to the MS4 conveyance, or, by analysis, does not contain detectable concentrations (less than five-hundredths milligram per liter) of chlorinated residual.
   DESIGN STORM. A selected storm event, described in terms of the probability of occurring once within a given number of years, for which drainage or flood control improvements are designed and built.
   DETENTION. Managing stormwater runoff by temporary holding and controlled release.
   DETENTION BASIN. A facility constructed or modified to restrict the flow of storm water to a prescribed maximum rate, and to detain concurrently the excess waters that accumulate behind the outlet.
   DETENTION STORAGE. The temporary detaining of storage of stormwater in storage facilities, on rooftops, in streets, parking lots, school yards, parks, open spaces or other areas under predetermined and controlled conditions, with the rate of release regulated by appropriately installed devices.
   DETENTION TIME. The theoretical time required to displace the contents of a tank or unit at a given rate of discharge (volume divided by rate of discharge).
   DETRITUS. Dead or decaying organic matter; generally contributed to stormwater as fallen leaves and sticks or as dead aquatic organisms.
   DEVELOPER. Any person financially responsible for construction activity, or an owner of property who sells or leases, or offers for sale or lease, any lots in a subdivision.
   DEVELOPMENT.
      (1)   Any man-made change to improved or unimproved real estate including but not limited to:
         (a)   Construction, reconstruction, or placement of a building or any addition to a building;
         (b)   Construction of flood control structures such as levees, dikes, dams or channel improvements;
         (c)   Construction or reconstruction of bridges or culverts;
         (d)   Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;
         (e)   Installing utilities, erection of walls, construction of roads, or similar projects;
         (f)   Mining, dredging, filling, grading, excavation, or drilling operations;
         (g)   Storage of materials; or
         (h)   Any other activity that might change the direction, height, or velocity of flood or surface waters.
      (2)   DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.
   DISCHARGE. Usually the rate of water flow. A volume of fluid passing a point per unit time commonly expressed as cubic feet per second, cubic meters per second, gallons per minute, or millions of gallons per day.
   DISPOSAL. The discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
   DITCH. A man-made, open watercourse in or into which excess surface water or groundwater drained from land, stormwater runoff, or floodwaters flow either continuously or intermittently.
   DRAIN. A buried slotted or perforated pipe or other conduit (subsurface drain) or a ditch (open drain) for carrying off surplus groundwater or surface water.
   DRAINAGE. The removal of excess surface water or groundwater from land by means of ditches or subsurface drains. Also see NATURAL DRAINAGE.
   DRAINAGE AREA. The area draining into a stream at a given point. It may be of different sizes for surface runoff, subsurface flow and base flow, but generally the surface runoff area is considered as the drainage area.
   DRY WELL. A type of infiltration practice that allows stormwater runoff to flow directly into the ground via a bored or otherwise excavated opening in the ground surface.
   DURATION. The time period of a rainfall event.
   ENVIRONMENT. The sum total of all the external conditions that may act upon a living organism or community to influence its development or existence.
   ERODIBILITY INDEX (EI). The soil erodibility index (EI) provides a numerical expression of the potential for a soil to erode considering the physical and chemical properties of the soil and the climatic conditions where it is located. The higher the index, the greater the investment needed to maintain the sustainability of the soil resource base if intensively cropped. It is defined to be the maximum of (RxKxLS)/T (from the universal soil loss equation) and (CxI)/T (from the wind erosion equation), where R is a measure of rainfall and runoff, K is a factor of the susceptibility of the soil to water erosion, LS is a measure of the combined effects of slope length and steepness, C is a climatic characterization of windspeed and surface soil moisture and I is a measure of the susceptibility of the soil to wind erosion. ERODIBILITY INDEX scores equal to or greater than eight are considered highly erodible land.
   EROSION. The wearing away of the land surface by water, wind, ice, gravity, or other geological agents. The following terms are used to describe different types of water erosion:
      (1)   ACCELERATED EROSION. Erosion much more rapid than normal or geologic erosion, primarily as a result of the activities of man.
      (2)   CHANNEL EROSION. An erosion process whereby the volume and velocity of flow wears away the bed and/or banks of a well-defined channel.
      (3)   GULLY EROSION. An erosion process whereby runoff water accumulates in narrow channels and, over relatively short periods, removes the soil to considerable depths, ranging from 1 - 2 feet to as much as 75 - 100 feet.
      (4)   RILL EROSION. An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed and exposed soils (see RILL).
      (5)   SPLASH EROSION. The spattering of small soil particles caused by the impact of raindrops on wet soils; the loosened and spattered particles may or may not be subsequently removed by surface runoff.
      (6)   SHEET EROSION. The gradual removal of a fairly uniform layer of soil from the land surface by runoff water.
   EROSION AND SEDIMENT CONTROL. A practice, or a combination of practices, to minimize sedimentation by first reducing or eliminating erosion at the source and then as necessary, trapping sediment to prevent it from being discharged from or within a project site.
   FILTER STRIP. Usually a long, relatively narrow area (usually, 20 - 75 feet wide) of undisturbed or planted vegetation used near disturbed or impervious surfaces to filter stormwater pollutants for the protection of watercourses, reservoirs, or adjacent properties.
   FLOATABLE. Any solid waste that will float on the surface of the water.
   FLOOD (OR FLOOD WATERS). A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
   FLOODPLAIN. The channel proper and the areas adjoining the channel which have been or hereafter may be covered by the regulatory or 1% annual chance flood event. Any normally dry land area that is susceptible to being inundated by water from any natural source. The floodplain includes both the floodway and the floodway fringe districts.
   FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream.
   FLOODWAY FRINGE. That portion of the flood plain lying outside the floodway, which is inundated by the regulatory flood.
   FOOTING DRAIN. A drain pipe installed around the exterior of a basement wall foundation to relieve water pressure caused by high groundwater elevation.
   GARBAGE. All putrescible animal solid, vegetable solid, and semisolid wastes resulting from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.
   GASOLINE OUTLET. An operating gasoline or diesel fueling facility whose primary function is the resale of fuels. The term applies to facilities that create 5,000 or more square feet of impervious surfaces, or generate an average daily traffic count of 100 vehicles per 1,000 square feet of land area.
   GEOGRAPHICAL INFORMATION SYSTEM. A computer system capable of assembling, storing, manipulation, and displaying geographically referenced information. This technology can be used for resource management and development planning.
   GRADE.
      (1)   The inclination or slope of a channel, canal, conduit, and the like, or natural ground surface usually expressed in terms of the percentage the vertical rise (or fall) bears to the corresponding horizontal distance.
      (2)   The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared to a design elevation for the support of construction, such as paving or the laying of a conduit.
      (3)   To finish the surface of a canal bed, roadbed, top of embankment, or bottom of excavation, or other land area to a smooth, even condition.
   GRADING. The cutting and filling of the land surface to a desired slope or elevation.
   GRASS. A member of the botanical family Graminae, characterized by blade-like leaves that originate as a sheath wrapped around the stem.
   GROUNDWATER. Accumulation of underground water, natural or artificial. The term does not include manmade underground storage or conveyance structures.
   HABITAT. The environment in which the life needs of a plant or animal are supplied.
   HIGHLY ERODIBLE LAND (HEL). Land that has an erodibility index of eight or more.
   HOT SPOT DEVELOPMENT. Projects involving land uses considered to be high pollutant producers such as vehicle service and maintenance facilities, vehicle salvage yards and recycling facilities, vehicle and equipment cleaning facilities, fleet storage areas for buses, trucks, and the like, industrial/commercial or any hazardous waste storage areas or areas that generate such wastes, industrial sites, restaurants and convenience stores, any activity involving chemical mixing or loading/unloading, outdoor liquid container storage, public works storage areas, commercial container nurseries, and some high traffic retail uses characterized by frequent vehicle turnover.
   HYDROLOGIC UNIT CODE. A numeric United States Geologic Survey code that corresponds to a watershed area. Each area also has a text description associated with the numeric code.
   HYDROLOGY. The science of the behavior of water in the atmosphere, on the surface of the earth, and underground. A typical hydrologic study is undertaken to compute flow rates associated with specified flood events.
   ILLICIT DISCHARGE. Any discharge to a conveyance that is not composed entirely of stormwater except naturally occurring floatables, such as leaves or tree limbs.
   IMPAIRED WATERS. Waters that do not or are not expected to meet applicable water quality standards, as included on IDEM’s CWA § 303(d) List of Impaired Waters.
   IMPERVIOUS SURFACE. Surfaces, such as pavement and rooftops, which prevent the infiltration of stormwater into the soil.
   INDIVIDUAL BUILDING LOT. A single parcel of land within a multi-parcel development.
   INDIVIDUAL LOT OPERATOR. A contractor or subcontractor working on an individual lot.
   INDIVIDUAL LOT OWNER. A person who has financial control of construction activities for an individual lot.
   INFILTRATION. Passage or movement of water into the soil. Infiltration practices include any structural BMP designed to facilitate the percolation of run-off through the soil to groundwater. Examples include infiltration basins or trenches, dry wells, and porous pavement.
   INLET. An opening into a storm drain system for the entrance of surface storm water runoff, more completely described as a storm drain inlet.
   LAND-DISTURBING ACTIVITY. Any man-made change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting and grading.
   LAND SURVEYOR. A person licensed under the laws of the State of Indiana to practice land surveying.
   LARGER COMMON PLAN OF DEVELOPMENT OR SALE. A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use.
   LOWEST ADJACENT GRADE. The elevation of the lowest grade adjacent to a structure, where the soil meets the foundation around the outside of the structure (including structural members such as basement walkout, patios, decks, porches, support posts or piers, and rim of the window well.
   LOWEST FLOOR. Refers to the lowest of the following:
      (1)   The top of the basement floor;
      (2)   The top of the garage floor, if the garage is the lowest level of the building;
      (3)   The top of the first floor of buildings constructed on a slab or of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
      (4)   The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless:
         (a)   The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two opening (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade; and
         (b)   Such enclosed space shall be usable only for the parking of vehicles or building access.
   MANHOLE. Storm drain structure through which a person may enter to gain access to an underground storm drain or enclosed structure.
   MEASURABLE STORM EVENT. A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half inch of rainfall.
   MULCH. A natural or artificial layer of plant residue or other materials covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations.
   MUNICIPAL SEPARATE STORM SEWERS. An MS4 meets all the following criteria:
      (1)   Is a conveyance or system of conveyances owned by the state, county, city, town, or other public entity;
      (2)   Discharges to waters of the U.S.;
      (3)   Is designed or used for collecting or conveying stormwater;
      (4)   Is not a combined sewer; and
      (5)   Is not part of a publicly owned treatment works (POTW).
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. A permit developed by the U.S. EPA through the Clean Water Act. In Indiana, the permitting process has been delegated to IDEM. This permit covers aspects of municipal stormwater quality.
   NATURAL DRAINAGE. The flow patterns of stormwater run-off over the land in its pre-development state.
   NUTRIENT(S).
      (1)   A substance necessary for the growth and reproduction of organisms.
      (2)   In water, those substances (chiefly nitrates and phosphates) that promote growth of algae and bacteria.
   OPEN DRAIN. A natural watercourse or constructed open channel that conveys drainage water.
   OPEN SPACE. Any land area devoid of any disturbed or impervious surfaces created by industrial, commercial, residential, agricultural, or other manmade activities.
   OUTFALL. The point, location, or structure where a pipe or open drain discharges to a receiving body of water.
   OUTLET. The point of water disposal from a stream, river, lake, tidewater, or artificial drain.
   PEAK DISCHARGE (OR PEAK FLOW). The maximum instantaneous flow from a given storm condition at a specific location.
   PERCOLATION. The movement of water through soil.
   PERMANENT STABILIZATION. The establishment, at a uniform density of 70% across the disturbed area, of vegetative cover or permanent non-erosive material that will ensure the resistance of the soil to erosion, sliding, or other movement.
   PERVIOUS. Allowing movement of water.
   POINT SOURCE. Any discernible, confined, and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or maybe discharged (P.L. 92-500, § 502[14]).
   POROUS PAVEMENT. A type of infiltration practice to improve the quality and reduce the quantity of storm water run-off via the use of manmade, pervious pavement which allows run-off to percolate through the pavement and into underlying soils.
   PROFESSIONAL ENGINEER. A person licensed under the laws of the State of Indiana to practice professional engineering.
   PROJECT SITE. The entire area on which construction activity is to be performed.
   PROJECT SITE OWNER. The person required to submit a stormwater permit application and required to comply with the terms of this chapter, including a developer or a person who has financial and operational control of construction activities, project plans and specifications, including the ability to make modifications to those plans and specifications.
   QUALIFIED PROFESSIONAL. An individual who is trained and experienced in stormwater treatment techniques and related fields as may be demonstrated by professional certification or completion of coursework that enable the individual to make sound, professional judgements regarding stormwater control, treatment and monitoring, pollutant fate and transport, and drainage planning.
   RAIN GARDEN. A vegetative practice used to alter impervious surfaces, such as roofs, into pervious surfaces for absorption and treatment of rainfall.
   RECEIVING STREAM, RECEIVING CHANNEL, OR RECEIVING WATER. The body of water into which runoff or effluent is discharged. The term does not include private drains, unnamed conveyances, retention and detention basins, or constructed wetlands used as treatment.
   RECHARGE. Replenishment of groundwater reservoirs by infiltration and transmission from the outcrop of an aquifer or from permeable soils.
   REDEVELOPMENT. Development occurring on a previously developed site.
   REFUELING AREA. An operating gasoline or diesel fueling area whose primary function is to provide fuel to equipment or vehicles.
   REGIONAL POND. A detention/retention basin sized to detain/retain the runoff from the entire watershed, on-site and off-site, tributary to the pond's outlet.
   REGULATORY FLOOD. The discharge or elevation associated with the 100-year flood as calculated by a method and procedure which is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The REGULATORY FLOOD is also known as the "base flood".
   REGULATORY FLOODWAY. See FLOODWAY.
   RELEASE RATE. The amount of storm water release from a storm water control facility per unit of time.
   RESERVOIR. A natural or artificially created pond, lake or other space used for storage, regulation or control of water. May be either permanent or temporary. The term is also used in the hydrologic modeling of storage facilities.
   RETENTION. The storage of stormwater to prevent it from leaving the development site. May be temporary or permanent.
   RETENTION BASIN. A type of storage practice, that has no positive outlet, used to retain storm water runoff for an indefinite amount of time. Runoff from this type of basin is removed only by infiltration through a porous bottom or by evaporation.
   RETURN PERIOD. The average interval of time within which a given rainfall event will be equaled or exceeded once. A flood having a return period of 100 years has a 1% probability of being equaled or exceeded in any one year.
   RIPARIAN HABITAT. A land area adjacent to a waterbody that supports animal and plant life associated with that waterbody.
   RIPARIAN ZONE. Of, on, or pertaining to the banks of a stream, river, or pond.
   RUNOFF. That portion of precipitation that flows from a drainage area on the land surface, in open channels, or in stormwater conveyance systems.
   RUNOFF COEFFICIENT. A decimal fraction relating the amount of rain which appears as runoff and reaches the storm drain system to the total amount of rain falling. A coefficient of 0.5 implies that 50% of the rain falling on a given surface appears as storm water runoff.
   SEDIMENT. Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth’s surface.
   SEDIMENTATION. The process that deposits soils, debris and other unconsolidated materials either on the ground surfaces or in bodies of water or watercourses.
   SENSITIVE WATER. A waterbody in need of priority protection or remediation base on its: providing habitat for threatened or endangered species; usage as a public water supply intake; relevant community value; usage for full body contact recreation; exceptional use classification as found in 327 IAC 2-1-11(b); and/or outstanding state resource water classification as found in 327 IAC 2-1-2(3) and 327 IAC 2-1.5-19(b).
   SITE. The entire area included in the legal description of the land on which land disturbing activity is to be performed.
   SLOPE. Degree of deviation of a surface from the horizontal, measured as a numerical ratio or percent. Expressed as a ratio, the first number is commonly the horizontal distance (run) and the second is the vertical distance (rise)—e.g., 2:1. However, the preferred method for designation of slopes is to clearly identify the horizontal (H) and vertical (V) components (length (L) and width (W) components for horizontal angles). Also note that according to international standards (metric), the slopes are presented as the vertical or width component shown on the numerator—e.g., 1V:2H. Slope expressions in this chapter follow the common presentation of slopes—e.g., 2:1 with the metric presentation shown in parentheses—e.g., (1V:2H). Slopes can also be expressed in "percents". Slopes given in percents are always expressed as (100*V/H)—e.g., a 2:1 (1V:2H) slope is a 50% slope.
   SOIL. The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
   SOIL AND WATER CONSERVATION DISTRICT. A public organization created under state law as a special purpose district to develop and carry out a program of soil, water, and related resource conservation, use, and development within its boundaries. A subdivision of state government with a local governing body, established under I.C. 14-32.
   SOLID WASTE. Any garbage, refuse, debris, or other discarded material.
   SPILL. The unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impervious surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.
   STORM DURATION. The length of time that water may be stored in any stormwater control facility, computed from the time water first begins to be stored.
   STORM EVENT. An estimate of the expected amount of precipitation within a given period of time. For example, a ten-year frequency, 24-hr. duration storm event is a storm that has a 10% probability of occurring in any one year. Precipitation is measured over a 24-hr. period.
   STORM SEWER. A closed conduit for conveying collected storm water, while excluding sewage and industrial wastes. Also called a storm drain.
   STORMWATER. Water resulting from rain, melting or melted snow, hail, or sleet.
   STORMWATER DRAINAGE SYSTEM. All means, natural or man-made, used for conducting storm water to, through or from a drainage area to any of the following: conduits and appurtenant features, canals, channels, ditches, storage facilities, swales, streams, culverts, streets and pumping stations.
   STORMWATER MANAGEMENT SYSTEM. A collection of structural and non-structural practices and infrastructure designed to manage stormwater on a site. This system may include but is not limited to erosion control measures, storm drainage infrastructure, detention/retention facilities, and stormwater quality BMPs.
   STORMWATER POLLUTION PREVENTION PLAN. A plan developed to minimize the impact of storm water pollutants resulting from construction activities.
   STORMWATER RUNOFF. The water derived from rains falling within a tributary basin, flowing over the surface of the ground or collected in channels or conduits.
   STORMWATER QUALITY MANAGEMENT PLAN. A comprehensive written document that addresses stormwater runoff quality.
   STORMWATER QUALITY MEASURE. A practice, or a combination of practices, to control or minimize pollutants associated with storm water runoff.
   STRIP DEVELOPMENT. A multi-lot project where building lots front on an existing road.
   SUBDIVISION, MAJOR. A subdivision of a parcel of land into more than four residential, commercial or industrial lots or any size subdivision requiring any new street.
   SUBDIVISION, MINOR. The subdivision of a parent tract into any combination of not more than three contiguous or non-contiguous new residential, commercial or industrial building site or the reconfiguration of existing lots that create new building sites and which does not involve the construction or extension of public or private streets, or, under the standards set forth in the town's subdivision regulations and/or subdivision control ordinance, does not involve substantial improvement or realignment of any existing publicly maintained street or road.
   SUBSURFACE DRAIN. A pervious backfield trench, usually containing stone and perforated pipe, for intercepting groundwater or seepage.
   SURFACE RUNOFF. Precipitation that flows onto the surfaces of roofs, streets, the ground, and the like, and is not absorbed or retained by that surface but collects and runs off.
   SWALE. An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. SWALES conduct stormwater into primary drainage channels and may provide some groundwater recharge.
   TEMPORARY STABILIZATION. The covering of soil to ensure its resistance to erosion, sliding, or other movement. The term includes vegetative cover, anchored mulch, or other non-erosive material applied at a uniform density of 70% across the disturbed area.
   TILE DRAIN. Pipe made of perforated plastic, burned clay, concrete, or similar material, laid to a designed grade and depth, to collect and carry excess water from the soil.
   TOPOGRAPHIC MAP. Graphical portrayal of the topographic features of a land area, showing both the horizontal distances between the features and their elevations above a given datum.
   TOPOGRAPHY. The representation of a portion of the earth's surface showing natural and man-made features of a give locality such as rivers, streams, ditches, lakes, roads, buildings and most importantly, variations in ground elevations for the terrain of the area.
   URBAN DRAIN. A drain defined as “Urban Drain” in the Indiana Drainage Code.
   URBANIZATION. The development, change or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational or public utility purposes.
   VEGETATED SWALE. A type of vegetative practice used to filter stormwater runoff via a vegetated, shallow channel conveyance.
   WATER QUALITY. A term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose.
   WATER RESOURCES. The supply of groundwater and surface water in a given area.
   WATERBODY. Any accumulation of water, surface, or underground, natural or artificial, excluding water features designed and designated as water pollution control facilities.
   WATERCOURSE. Any river, stream, creek, brook, branch, natural or man-made drainageway in or into which stormwater runoff or floodwaters flow either continuously or intermittently.
   WATERSHED. The region drained by or contributing water to a specific point that could be along a stream, lake or other stormwater facilities. WATERSHEDS are often broken down into subareas for the purpose of hydrologic modeling.
   WATERSHED AREA. All land and water within the confines of a drainage divide. See also WATERSHED.
   WETLANDS. Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(Ord. 2021-OR-003, passed 1-11-21)
TITLE VII: TRAFFIC CODE
Chapter
   70.   GENERAL PROVISIONS
   71.   TRAFFIC RULES
   72.   PARKING REGULATIONS
   73.   TRAFFIC SCHEDULES
   74.   PARKING SCHEDULES
   75.   GOLF CARTS
CHAPTER 70: GENERAL PROVISIONS
Section
   70.01   Definitions
   70.02   Schedule for payment of fines for civil traffic violations
Open Containers of Alcoholic Beverages in Motor Vehicle
   70.10   Definitions
   70.11   Possession or consumption prohibited
   70.12   Operator or owner of motor vehicle in violation
   70.13   Citations
   70.14   Signs
 
   70.99   Penalty
Cross-reference:
   Median solicitation/roadblocks, see §§ 94.20 - 94.22
   Noise regulations, see § 95.06
§ 70.01 DEFINITIONS.
   (A)   For the purpose of this code, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   VEHICLE. Automobiles, motorcycles, wagons, carts, drays, coaches, carriages, buggies and vehicles of every kind and description, except railroad trains.
(`93 Code, § 8-1)
   (B)   The definitions set forth in I.C. 9-13-2-1 to 9-13-2-200 are incorporated herein and shall apply throughout this code. (`93 Code, § 8-2)
§ 70.02 SCHEDULE FOR PAYMENT OF FINES FOR CIVIL TRAFFIC VIOLATIONS.
   The schedule for payment of judgments (fines for civil traffic violations) in and for the town shall be as follows:
   (A)   Speeding.
      1 - 15 mph over limit   $138
      16 - 25 mph over limit   $148
      26 mph over limit   $163
   (B)   All other moving violations   $148
   (C)   Non-moving violations
      Non-commercial vehicles such as:
      expired plates, expired drivers license parking in a handicap zone and equipment violations   $143
   (D)   Open container violation   $143
   (E)   Child restraint
      1st offense   Show proof of compliance
      2nd offense   $25
   (F)   Seatbelt violation   $25
   (G)   Driving while suspended (infraction)   $163
   (H)   Commercial truck violations
      PSCI (public service commercial vehicles), equipment violations, log book violations, and third lane violations   $163
      Fuel tax permit violation   $143
      CDL - seat belt   $120
      Over weight by:
         1000 - 2000   $163
         2001 - 3000   $188
         3001 - 4000   $238
         4001 - 5000   $288
         5001 - 6000   $338
         6001 - 7000   $438
         7001 - 8000   $538
         8001 - 9000   $638
         9001 - 10,000   $738
         Over 10,000   $1,088
(Ord. 2006-023, passed 9-25-06)
OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLE
§ 70.10 DEFINITIONS.
   For the purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOLIC BEVERAGE. Set forth in I.C. 7.1-1-3-5.
   CONTAINER. Set forth in I.C. 7.1-1-3-13.
   MOTOR VEHICLE. Set forth in I.C. 9-13-2-105, except MOTOR VEHICLE as used in this subchapter shall not include recreational vehicle, as defined in I.C. 9-13-2-150 and which is designed to transport more than ten passengers including the operator or any chartered passenger vehicle licensed to operate within the state.
(Ord. 2005-002, passed 1-10-05)
§ 70.11 POSSESSION OR CONSUMPTION PROHIBITED.
   A person who knowingly consumes an alcoholic beverage or possesses a container that has been opened, has a broken seal, or from which some of the contents have been removed, while in a motor vehicle which is being operated upon a public street or highway within the municipal limits of town, commits a violation of this section.
(Ord. 2005-002, passed 1-10-05) Penalty, see § 70.99
§ 70.12 OPERATOR OR OWNER OF MOTOR VEHICLE IN VIOLATION.
   (A)   The operator or owner of a motor vehicle, who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in an area of the motor vehicle that is accessible to the operator and/or passenger, a container that has been opened, has a broken seal, or from which some of the contents have been removed, commits a violation of this section.
   (B)   Notwithstanding division (A), the operator of a recreational vehicle or chartered passenger vehicle licensed to operate within the state, who, while the motor vehicle is in operation, knowingly keeps or allows to be kept in an area of the recreational vehicle or chartered passenger vehicle that is accessible to the operator, a container that has been opened, has a broken seal, or from which some of the contents have been removed, commits a violation of this section.
(Ord. 2005-002, passed 1-10-05) Penalty, see § 70.99
§ 70.13 CITATIONS.
   An officer of any state or local law enforcement agency may issue a citation to a person, firm, or corporation for violation of this section. Each violation issued to an individual, firm, or corporation for violation of this section. Each violation issued to an individual, firm, or corporation shall be subject to a penalty as set forth in § 10.99.
(Ord. 2005-002, passed 1-10-05)
§ 70.14 SIGNS.
   Signs giving notice of this prohibition of open alcoholic beverage containers shall be posted, giving notice of the regulation at all locations deemed appropriate by Superintendent of the Street Department or other designee.
(Ord. 2005-002, passed 1-10-05)
§ 70.99 PENALTY.
   (A)   Any person violating any provision of this code for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   When a vehicle or combination of vehicles shall be operated in violation of this code by an agent or employee of the owner of the vehicle, the owner of the vehicle and the operator thereof shall each be deemed guilty of a violation of this code and subject to the penalties as set out in divisions (C) and (D) below.
(`93 Code, § 8-74)
   (C)   Any person, firm or corporation found guilty of violating provisions of this code shall be fined sums for each offense in accordance with the following:
      (1)   Raising motor vehicle in the right-of- way pursuant to § 71.01, $15;
      (2)   Not parking within 12 inches of the curb, $10;
      (3)   Other parking violations, $15;
      (4)   Speed limit violation, $25;
      (5)   Passing and turning violations, $25;
      (6)   Failure to stop at stop sign, $25; and
      (7)   Weight limit violations, $25.
(`93 Code, § 8-76)
   (D)   Whenever any code or ordinance of the town involving the regulation of the use of motor vehicles in the town is violated, then in the event and in lieu of the violator being charged for the violation in court for the penalty prescribed in the code or ordinance, the person or firm so charged may pay, within seven days, to the Clerk/Treasurer for the benefit of the general fund of the town an amount not to exceed $25.
(`93 Code, § 8-77)
CHAPTER 71: TRAFFIC RULES
Section
General Provisions
   71.01   Raising vehicle in right-of-way
   71.02   Passing vehicles
   71.03   Overtaking vehicles
   71.04   Turn signals
   71.05   Vehicle turning left
   71.06   Limitations on turning around
   71.07   U-turns
   71.08   Obedience to stop sings
   71.09   Width regulations
   71.10   Improper equipment
Weight Limitations
   71.20   Limit for all public streets
   71.21   Exceptions
   71.22   Signs posted
   71.23   Authority to weigh vehicles
   71.24   Examination of truck weights
   71.25   Impoundment of vehicle and cargo
Cross-reference:
   Traffic Schedules, see Chapter 73
Statutory reference:
   Speed limits, see I.C. 9-21-5-1 through 9-21-5-13
   Traffic regulations, see I.C. 9-21-1-1 et seq.
GENERAL PROVISIONS
§ 71.01 RAISING VEHICLE IN RIGHT-OF- WAY.
   (A)   It shall be unlawful for any person or persons to render a motor vehicle, on or along any street or alleyway, immovable by raising any of its wheels off the ground unless an emergency situation exists.
   (B)   Each day for which the unlawful activity continues shall constitute a new violation.
(`93 Code, § 8-58) Penalty, see § 70.99
§ 71.02 PASSING VEHICLES.
   Drivers of vehicles proceeding in opposite directions shall pass each other to the right upon roadways having width for not more than one lane of traffic in each direction. Each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible.
(`93 Code, § 8-60)
§ 71.03 OVERTAKING VEHICLES.
   (A)   The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
   (B)   (1)   The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
      (2)   Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(`93 Code, § 8-61)
   (C)   (1)   The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.
      (2)   (a)   The driver of a vehicle may overtake and allowing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width for four or more lanes of moving traffic when the movement can be made safely.
         (b)   No person shall drive off the pavement or upon the shoulder of the roadway in overtaking or passing on the right.
      (3)   The driver of a vehicle may overtake and pass another vehicle upon the right on a one-way street, or on any street on which traffic is restricted to one direction of movement where the roadway is free from obstructions and of sufficient width for two or more lanes of moving vehicles.
(`93 Code, § 8-62)
   (D)   (1)   No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle being overtaken.
      (2)   In every event, the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.
      (3)   No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:
         (a)   When approaching the crest of a grade or upon a curve in the highway, where the driver's view is obstructed within sufficient distance as to create a hazard in the event another vehicle might approach from the opposite direction;
         (b)   When approaching within 100 feet of or traversing an intersection or railroad grade crossing;
         (c)   Where official signs are in place directing that traffic keep to the right, or a distinctive center line is marked, which distinctive line also so directs traffic; and
      (3)   The limitations in subsections (a) and (b) above shall not apply upon a one-way street or upon a street with unobstructed pavement of sufficient width for two or more lanes of moving traffic in each direction when the movement can be made with safety.
(`93 Code, § 8-63) Penalty, see § 70.99
§ 71.04 TURN SIGNALS.
   (A)   No driver of a vehicle shall suddenly start, slow down, stop or attempt to turn without first giving a suitable signal in a manner as to appraise others who might be affected by his or her action.
   (B)   No person shall turn a vehicle from a direct course upon a highway unless and until the movement can be made with reasonable safety and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by the movement or after giving an appropriate signal in the manner hereinafter provided in the event any other vehicle may be affected by the movement.
   (C)   A signal of intention to turn right or left shall be given during not less than the last 100 feet traveled by the vehicle before turning.
   (D)   The signals herein required shall be given either by means of hand and arm or by a signal lamp or signal device, but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of the vehicle then the signals must be given by a lamp or device.
   (E)   All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and the signals shall indicate as follows:
      (1)   Left turn, the hand and arm extended horizontally;
      (2)   Right turn, the hand and arm extended upward; and
      (3)   Stop or decrease of speed, the hand and arm extended downward.
(`93 Code, § 8-64) Penalty, see § 70.99
§ 71.05 VEHICLE TURNING LEFT.
   (A)   The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
   (B)   The driver, having so yielded and having given a signal when and as required, may make the left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.
(`93 Code, § 8-65) Penalty, see § 70.99
§ 71.06 LIMITATIONS ON TURNING AROUND.
   It shall be unlawful for the operator of any vehicle to turn the vehicle so as to proceed in the opposite direction unless the movement can be made in safety and without backing into traffic or otherwise interfering with traffic.
(`93 Code, § 8-66) Penalty, see § 70.99
§ 71.07 U-TURNS.
   It shall be unlawful for the operator of any vehicle to make a U-turn at any place.
(`93 Code, § 8-67) Penalty, see § 70.99
Statutory reference:
   U-turns addressed, see I.C. 9-21-8-19
§ 71.08 OBEDIENCE TO STOP SIGNS.
   It shall be unlawful for any person operating a vehicle to drive past a stop sign without first coming to a full stop at any intersection within the town.
(`93 Code, § 8-59) Penalty, see § 70.99
Cross-reference:
   Stop intersections; sign placement, see Chapter 73, Schedule III
§ 71.09 WIDTH REGULATIONS.
   The width of any “semi-tractor” shall be no more than eight feet, eight inches.
(Ord. 97-672, passed 7-20-97; Am. Ord. 97-673, passed 7-20-97)
§ 71.10 IMPROPER EQUIPMENT.
   All provisions of I.C. 9-19-1 through 9-19-19 regarding improper equipment violations shall be adopted and incorporated into the Town of Sellersburg Traffic Code as if fully set forth herein.
(Ord. 2007-008, passed 2-26-07)
WEIGHT LIMITATIONS
§ 71.20 LIMIT FOR ALL PUBLIC STREETS.
   Unless herein designated specifically otherwise, it shall be unlawful for any person, firm or corporation to cause or knowingly permit to be operated, to stand or to be moved upon all public streets and alleys of the town, any vehicle of a weight exceeding six tons gross weight.
(`93 Code, § 8-40) Penalty, see § 70.99
Cross-reference:
   Weight limits, see Chapter 73, Schedule II
Statutory reference:
   Size and weight regulations, see I.C. 9-20-1-1 through 9-20-1-4
§ 71.21 EXCEPTIONS.
   (A)   The provisions of this subchapter do not apply to any vehicles or combination of vehicles while actually engaged in going to or returning from making a delivery to any lot, place of business or residence in the town.
(`93 Code, § 8-41)
   (B)   Fire Department vehicles are specifically exempt from the provisions of this subchapter.
(`93 Code, § 8-46)
   (C)   Specifically exempt from the provisions of this subchapter are school buses used for the transportation of school children to and from school.
(`93 Code, § 8-47)
§ 71.22 SIGNS POSTED.
   Weight limits shall be construed to apply to any street where limited by this subchapter or other ordinance adopted by the Town Council and on which signs indicating the limitations are posted.
(`93 Code, § 8-48)
§ 71.23 AUTHORITY TO WEIGH VEHICLES.
   Any law enforcement officer of the town, upon stopping a vehicle suspected of being in violation of this subchapter, may require the vehicle to be driven or transported to the nearest available weighing station in the town and may require the vehicle to be weighed at the owner's or operator's expense.
(`93 Code, § 8-49)
§ 71.24 EXAMINATION OF TRUCK WEIGHTS.
   The operator of any vehicle shall be required to produce to the law enforcement officer for his or her examination any weight tickets that are issued and in his or her possession with relation to the cargoes in any vehicle.
(`93 Code, § 8-50)
§ 71.25 IMPOUNDMENT OF VEHICLE AND CARGO.
   The vehicle and cargo so operated in violation of this subchapter may be impounded as evidence during any prosecutions instituted against the owner or the operator or the vehicle, and upon final disposition of the prosecution, the vehicle shall be released.
(`93 Code, § 8-51)
CHAPTER 72: PARKING REGULATIONS
Section
   72.01   Designated parking
   72.02   Exceptions
   72.03   Parking restrictions
   72.04   Method of parking
   72.05   Parking semi-trailers and semi-trucks on town property prohibited
   72.06   Limited parking
   72.07   Parking for persons with disability
   72.08   Resident-only parking; fees
   72.09   Parking or standing vehicles in designated school bus loading/unloading zones prohibited
   72.10   Shopping centers and business parking areas
   72.11   Emergency lanes
   72.99   Penalty
Cross-reference:
   Parking Schedules, see Chapter 74
Statutory reference:
   Parking regulations, see I.C. 9-21-16-1 through 9-21-16-9
§ 72.01 DESIGNATED PARKING.
   Stopping, remaining stopped or parking a motor vehicle in any place designated as “no parking” in this chapter shall be prohibited, unless it is deemed necessary as set out in § 72.02.
(`93 Code, § 8-7) Penalty, see § 70.99
§ 72.02 EXCEPTIONS.
   Stopping, remaining stopped or parking a motor vehicle shall be deemed necessary and therefore not subject to the prohibitions of this chapter if the stopping, remaining stopped or parking is reasonably required to avoid a conflict with other traffic, other laws of the state, other ordinances of the town or with directions of a police officer or traffic-control device.
(`93 Code, § 8-8)
§ 72.03 PARKING RESTRICTIONS.
   (A)   The following places are designated as “no parking” places:
      (1)   On a sidewalk;
      (2)   In front of a public or private driveway;
      (3)   Any area whereby the traveled portion of a public street or alley is blocked;
      (4)   Within an intersection;
      (5)   On a public street or alley within 15 feet of a fire hydrant;
      (6)   On a crosswalk;
      (7)   Within 20 feet of a crosswalk at an intersection;
      (8)   Within 30 feet upon the approach to any flashing beacon, stop sign or other traffic-control signal located at the side of a roadway;
      (9)   Along the side of a yellow line on a curb;
      (10)   Within 20 feet of a driveway entrance to a fire station provided signs are posted designating 20 feet;
      (11)   On the side of a street opposite an entrance to a fire station within 75 feet of entrance, provided signs are posted designating 75 feet;
      (12)   Along the side or opposite any street excavation or obstruction where the stopping, remaining stopped or parking would obstruct traffic; and
      (13)   Any place where official signs prohibit stopping or parking.
(`93 Code, §8-10)
   (B)   The Town Council may order the placing of signs, or devices, or marks, or the painting of road- ways or curbs prohibiting or restricting the stopping, standing, or parking of vehicles on any street where, in its opinion, as evidenced by an order entered in its official minutes, the stopping, standing, or parking is dangerous to those using the highway, or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. The signs, devices, marks, or paintings shall be official signs, devices, marks, or painting and no person shall stop, stand, or park any vehicle in violation of the restrictions thereon or as indicated thereby.
(Ord. 2005-002, passed 1-10-05) Penalty, see § 70.99
§ 72.04 METHOD OF PARKING.
   (A)   The parking of motor vehicles or other conveyances in the town shall be parallel to the sidewalk curb.
(`93 Code, § 8-24) (Ord. 108, passed 12-31-46)
   (B)   Every vehicle stopped or parked upon a street or roadway in the town where there is an adjacent curb shall be so stopped or parked with the right-hand wheels of the vehicle parallel with and within 12 inches of the right-hand curb.
(`93 Code, § 8-25) (Ord. 234, passed 1-12-65) Penalty, see § 70.99
§ 72.05 PARKING SEMI-TRAILERS AND SEMI- TRUCKS ON TOWN PROPERTY PROHIBITED.
   (A)   Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      LARGE TRUCK/VEHICLE. Any truck or vehicle which exceeds a gross weight of 8,000 pounds.
   (B)   Prohibited. It shall be unlawful for any person or company to park any boat and/or boat trailer or other trailer, semi-tractor or semi-trailer or other large truck or vehicle, or any bus or recreational vehicle, or any type of construction equipment upon any town property, including, but not limited to, the town streets, roads of the town parks, in the parking lots or adjoining areas of the Town Hall, town fire stations, the town wastewater treatment plants, and any and all other areas, whether paved or not, owned by the town. Further, upon prior approval of the Town Council individuals or groups shall be authorized to park any vehicle, truck or trailer described in this division in any parking lot or adjoining area of the Town Hall and the town wastewater treatment plant.
(Ord. 2005-002, passed 1-10-05; Am. Ord. 2010-012, passed 6-14-10)
§ 72.06 LIMITED PARKING.
   No person shall stop, stand, or park a vehicle upon the public streets of the town where official signs are erected limiting the parking time thereon, for a period of time in excess of the time as designated by the official signs.
(Ord. 2005-002, passed 1-10-05)
§ 72.07 PARKING FOR PERSONS WITH DISABILITY.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   PARKING FACILITY. Any facility or combination of facilities for motor vehicle parking which contains parking spaces for the public. This shall include a privately-owned area which is normally used for parking which is accessible to the public. This does not include a parking facility which charges a fee for parking spaces.
      (2)   PERSON WITH DISABILITY. Any person who has been issued a placard or special registration plate or decal for a motor vehicle by the State Bureau of Motor Vehicles under I.C. 9-18-22-1.
   (B)   Parking prohibited. It shall be unlawful for any person to park a motor vehicle, motorcycle, moped, bicycle, or other vehicle of any nature which does not have displayed a decal or registration plate for a person with disability as set forth in division (A) a parking space reserved in a parking facility for a vehicle of a person with disability.
   (C)   Parking. Parking is prohibited on both sides of North New Albany Street beginning at 101 North New Albany to Helbig Avenue. Signage shall be placed accordingly.
   (D)   Violation. If any vehicle is parked unlawfully in violation of any of the provisions of this section, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held, prima facie, responsible for the violation.
   (E)   Towing. In addition to any fines which may be given as a result of violations of this section, any vehicle which is parked in a manner in violation of this section may be towed to an area designated by the Chief of Police at the owner’s expense. The owner shall also be required to pay any and all storage fees resulting from this action.
(Ord. 2005-002, passed 1-10-05)
§ 72.08 RESIDENT-ONLY PARKING; FEES.
   (A)   The provisions of this section shall be considered the enabling ordinance for the establishment of "resident-only" parking regulations, and all future and all previously issued permits for "resident-only" areas shall conform to the following:
      (1)   A resident-only parking permit may be issued for good cause shown, to be determined by the Council.
      (2)   Upon approval of the Council and payment of the required initial fee, the applicant will be issued a decal which must be prominently displayed upon the vehicle to be parked in the resident-only parking zone. No more than two decals shall be issued per resident-only parking permit.
      (3)   A resident-only parking zone shall be a minimum of 20 feet in length and shall be marked by a sign and paint marks on the curbing and/or street at each end of the resident-only space, the placement of which shall be determined by the Street Department for the town.
      (4)   No resident-only parking permits will be issued for parking on a cul-de-sac.
   (B)   The fee for each resident-only parking space authorized following the adoption of this section shall be as follows:
      (1)   The initial fee for each resident-only parking space shall be $100 and shall cover the placement of the signs and markings for the remainder of the calendar year for the year in which the permit is initially issued.
      (2)   An annual renewal fee of $50 shall be due and payable on or before January 1 of each ensuing calendar year.
      (3)   Renewal of a resident-only parking permit shall be only upon the written application to the Council and the payment of the annual fee.
   (C)   The renewal fee for all permits issued prior to the adoption of this chapter shall be $50 per annum, and the renewal date shall be considered to be the first date of the calendar months in which the initial permit was granted by ordinance.
   (D)   If a renewal application is not timely made, the Street Department shall remove any signs and markings at such time as it deems advisable.
   (E)   Because the provisions of this section shall pertain to all persons who have previously obtained resident-only parking permits, any person previously issued a permit under a prior ordinance who does not wish to conform with the provisions of this section may apply for a pro-rated refund of the current year’s face.
   (F)   It shall be unlawful for a vehicle not displaying a resident-only parking decal to park in a resident-only parking zone.
   (G)   Signs designating resident-only parking may be erected within the town.
(Ord. 2005-002, passed 1-10-05)
§ 72.09 PARKING OR STANDING VEHICLES IN DESIGNATED SCHOOL BUS LOADING/UNLOADING ZONES PROHIBITED.
   (A)   Each elementary, middle and high school within the town may designate a loading/unloading zone for the official school buses serving the school’s students when said loading/unloading is to be done on the town’s public streets, and that said loading/unloading zone shall be clearly marked as such by appropriate signs and/or other markings indicated that the space is for the use of official school buses only.
   (B)   Any and all other vehicles shall be prohibited from parking or standing in the zone designated as the official school bus loading/unloading zone. It shall be unlawful for any person to violate this section and any such violation shall be subject to a fine as provided in § 10.99. Additionally, any vehicle standing or parked in the official school bus loading/unloading zone may be towed at the discretion and direction of an officer of the Police Department.
(Ord. 2005-002, passed 1-10-05) Penalty, see § 72.99
§ 72.10 SHOPPING CENTERS AND BUSINESS PARKING AREAS.
   (A)   Definitions. For the purpose of shopping centers and business parking areas, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   BUSINESS PARKING AREA. Any private property adjacent to a business establishment (or separated from a business establishment only by a street, highway, or private road or driveway) which is intended by the owner or lessee of the property to be used for the parking of motor vehicles or motorcycles while the operator thereof, or passengers therein, conduct or attempt to conduct bona fide business transactions in the business establishment.
      (2)   CROSSWALK. That portion of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway; also, any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing bylines or other markings on the surface.
      (3)   DRIVER. Every person who drives, or is in actual physical control of a vehicle.
      (4)   FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
      (5)   MOTORCYCLE. Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor or motorized bicycle.
      (6)   MOTORIZED BICYCLE. A bicycle with operable peddles which may be propelled by human power or by an internal combustion engine or a battery powered motor, or by both, and when powered by an internal combustion engine having a rating of not more than 1-5/10 brake horsepower and a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and a maximum design speed of no more than 25 miles per hour on a flat surface.
      (7)   MOTOR VEHICLE. Every vehicle, except a motorcycle or motorized bicycle, which is self-propelled.
      (8)   OWNER. A person who holds the legal title of a vehicle; or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner of the vehicle for the purposes of this section.
      (9)   PEDESTRIAN. Any person afoot.
      (10)   PERSONS. Every natural person, firm, partnership, association, or corporation.
      (11)   POLICE OFFICER. Every officer authorized to direct or regulate traffic or to make arrest for violations of traffic regulations.
      (12)   PRIVATE ROAD or DRIVEWAY. Every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner but not by other persons.
      (13)   ROADWAY. That portion of a street between the curb liens, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
      (14)   SEMI-TRAILER. Every vehicle with or without motive power designated for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
      (15)   SHOPPING CENTER. A group of retail outlets in the town, planned and developed as a unit, or managed as a unit, and containing:
         (a)   A total floor area designated for retail occupancy of 25,000 square feet or more;
         (b)   At least three tenants; and
         (c)   On-site parking.
      (16)   SIDEWALK. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
      (17)   STREET OR HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purpose of vehicular travel.
      (18)   TRAFFIC. Pedestrians, streetcars, vehicles, and other conveyances either singularly or together while using any highway (or other traveled surface) for purposes of travel.
      (19)   TRAILER. Every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that very little of its weight rests upon the towing vehicle.
   (B)   Parking and traffic regulations. A person who does any of the following commits a violation of this section regarding shopping center and business parking areas. These sections may be enforced by any police officer of the State of Indiana.
      (1)   Parks a motor vehicle, a motorcycle, or a motorized bicycle in a manner other than in substantial compliance with the general parking scheme as indicated by lines or other markings on the surface in a "no parking zone" or other area clearly not intended for parking, parking in a crosswalk, parking on a sidewalk, or parking in such a manner as to occupy all or parts of substantially more than one parking space;
      (2)   Parks a motor vehicle, a motorcycle, a motorized bicycle, or a trailer or semi-trailer in, or otherwise unreasonably interferes with the availability of use of or obstructs any portion of, a private road, business parking area, designated handicapped parking area, or a space or driveway designated as a fire lane;
      (3)   Operates a motor vehicle, a motorcycle, a motorized bicycle or a tractor on a private road or driveway, a public parking lot, or a business parking area for purpose other than going to and from a parking place, or looking for a parking area without a bona fide intent to conduct business with the public facility which is served by the public parking lot or with the merchant whose business establishment is served by such private road or driveway or business parking area; or
      (4)   Parks a motor vehicle, a motorcycle, a motorized bicycle, a tractor, a trailer or a semi-trailer in a business parking area for a purpose other than conducting business or making a bona fide attempt to conduct business with a merchant whose business establishment is served by the business parking area;
      (5)   Operates a motor vehicle, motorcycle, or motorized bicycle on a private road or driveway or business parking area in such a manner as to unduly restrict or impede the movement of pedestrians or other traffic;
      (6)   Litters or otherwise improperly disposes of trash or refuse while on a street, highway, private road, driveway, public parking lot, or business parking area; or
      (7)   With the intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, congregates with other persons (including person who congregate in motor vehicles) in a public place, or other private road or driveway, or in a business parking area and refuses to comply with a lawful order of the police to disperse.
   (C)   Contracts with shopping centers. The town is authorized to contract with the owner or lessee of a shopping center to empower the town to regulate by ordinance the parking of vehicles and the traffic at the shopping center(s). In addition to any other provisions contained in any contract with any shopping center, the parking and traffic regulations established by this division are incorporated by this reference into each and every such contract with any shopping center owner or lessee. The parking and any contract entered into with any shopping center owner or lessee pursuant to this division may be enforced by any police officer of the State of Indiana.
   (D)   Enforcement proceedings to comply with state law. Proceedings to enforce this section shall be subject to and in compliance with the applicable portions of I.C. 34-4-32-1 through 34-4-32-6 and any and all amendments thereto.
(Ord. 2005-002, passed 1-10-05)
§ 72.11 EMERGENCY LANES.
   (A)   Established. There is established on the properties listed in division (B) of this section an emergency lane, which lane shall be as follows: a fire lane with a minimum width of 20 feet shall extend around the perimeter of all buildings in the properties listed in division (B) of this section.
   (B)   The emergency lane described in division (A) of this section is established on the following properties in the town:
      Jay-C-Food-store
   (C)   Parking in emergency lanes.
      (1)   It shall be unlawful to cause or permit any vehicle or other obstacle to stand or remain in a designated, except as provided in division (B) herein and except for the time as is necessary for the taking on, or unloading of, passengers or merchandise, except properly identified vehicles of handicapped or disabled individuals, unless a nearby suitable designated space is available.
      (2)   A vehicle may stop in the emergency lane for a period not to exceed five minutes, provided that the driver or operator of the vehicle remains with that vehicle.
(Ord. 2005-002, passed 1-10-05) Penalty, see § 72.99
§ 72.99 PENALTY.
    ( A)   Handicapped parking. Any person receiving a citation as a result of a violation of the handicapped parking provisions shall pay an assessment of $50, except as herein provided, if paid within 72 hours from the time of the violation to the Traffic Bureau of the town. In the event that any person who is charged with such a violation fails to pay as above provided, the person shall be charged in the Sellersburg Town Court and upon conviction shall be fined in accordance with § 10.99.
   (B)   Resident-only parking. It shall be unlawful for any person, firm or corporation to violate the resident only parking provision. Any such violation shall be subject to a penalty provided under § 10.99.
   (C)   Emergency lanes.
      (1)   Tow away. The Police Department and members of the Fire Department who are assigned to the Fire Prevention Bureau are authorized to remove and tow away, or have removed and towed away by any commercial towing service, any car or other vehicle illegally parked in the emergency lane. Vehicles so towed away for illegal parking shall be stored in a safe place and shall be restored to the owner or operator of the vehicle upon the payment of a fine of $35 and a reasonable charge for the commercial towing service. The fee shall be payable in the Traffic Violations Bureau.
      (2)   Fine; no tow away. The Police Department and members of the Fire Department who are assigned to the Fire Prevention Bureau are authorize in lieu of the tow away provisions contained in division (C)(1) above, to issue a parking violation ticket. The owner or operator of a vehicle that has been ticketed but not towed away, shall pay a fine of $50 at the Traffic Violations Bureau within seven days from the date of the violation. If the fine is not paid within seven days, the fine shall be $100. On the eighth day the Traffic Violations Bureau will notify the owner by regular mail that a fine is due. After 14 days the vehicle shall be towed in, if found anywhere in the town, and impounded until all fines are paid, including a reasonable charge for commercial tow-in service in addition to the fine, plus a reasonable storage fee for the storage of the impounded vehicle.
   (D)   Parking and traffic regulations. Any person(s), firm, or corporation who violates the parking and traffic regulations herein established or as a part of the traffic plan of any shopping center that has entered into an agreement with the town, is guilty of a violation and shall be fined in an amount not to exceed the penalty provided under § 10.99.
   (E)   Buses; loading/unloading zones. Whoever shall violate the parking or standing vehicles in designated school bus loading/unloading zones shall be subject to a fine not to exceed the penalty provided under § 10.99.
(Ord. 2005-002, passed 1-10-05)
CHAPTER 73: TRAFFIC SCHEDULES
Schedule
   I.   Speed limits
   II.   Weight limits
   III.   Stop intersections; sign placement
   IV.   Turn off prohibitions; sign placement
SCHEDULE I. SPEED LIMITS.
   (A)   It shall be unlawful for any individual to operate a motor vehicle or other conveyance over any streets of the town at a rate of speed in excess of the limits below.
Street
Location
Speed
`93 Code
Ord. No.
Date Passed
Street
Location
Speed
`93 Code
Ord. No.
Date Passed
East Utica Street
From U.S. 31 to Penn Street to town limits
30 mph
-
99-725
8-23-99
East Utica Street
From railroad crossing to Penn Street
30 mph
-
99-725
8-23-99
Greenbriar
20 mph
2018-OR-016
8-13-18
Greenwood Road
 
30 mph
§§ 8-31 and 8-32
-
-
New Albany Street
 
25 mph
-
2021-OR-0 26
9-13-21
Norman Drive
 
30 mph
§ 8-31
-
-
Ohio Avenue
 
30 mph
§ 8-31
-
-
Penn Street
 
30 mph
§ 8-31
504
6-24-91
Perry Crossing
 
40 mph
2020-OR-017
8-10-20
St. Andrews
 
20 mph
2018-OR-016
8-13-18
State Route 60
From 2,100 feet west of Hunter Station to 1,000 feet east of State Route 311
40 mph
-
97-674
8-11-97
Utica Street
25 mph
-
2021-OR-0 26
9-13-21
West Utica Street
From Dreyer Lane to St. Joe Road east
25 mph
-
2000-012
9-11-00
West Utica Street
From U.S. 31 to Dreyer Lane
25 mph
-
2000-012
9-11-00
 
   (B)   Specified streets. All traffic is required to travel at a speed within the maximum speed and weight limits established herein. It shall be unlawful for any vehicle to travel in excess of the maximum speed limit or operate a vehicle in excess of the maximum weight limit as previously established.
(Am. Ord. 2006-006, passed 12-13-06)
Street
Speed
Weight
Ord. No.
Date Passed
Street
Speed
Weight
Ord. No.
Date Passed
Adkins Ct.
20 mph
6 ton
2005-002
1-10-05
Alabama Ave.
20 mph
6 ton
2005-002
1-10-05
Alberta Ct.
20 mph
6 ton
2005-002
1-10-05
Allen Rd.
20 mph
6 ton
2005-002
1-10-05
Allentown Rd.
20 mph
6 ton
2005-002
1-10-05
Allhands Ave.
20 mph
6 ton
2005-002
1-10-05
Applegate Ln.
20 mph
6 ton
2005-002
1-10-05
Avco Blvd.*
20 mph
6 ton
2005-002
1-10-05
Beau Vista Pl.
20 mph
6 ton
2005-002
1-10-05
Beechwood Dr.
20 mph
6 ton
2005-002
1-10-05
Bonair Pl.
20 mph
6 ton
2005-002
1-10-05
Bottorff St.
20 mph
6 ton
2005-002
1-10-05
Brandon Cir.*
20 mph
6 ton
2005-002
1-10-05
Bridge Ct.*
20 mph
6 ton
2005-002
1-10-05
Broadway St.
20 mph
6 ton
2005-002
1-10-05
Bucheit Ave.
20 mph
6 ton
2005-002
1-10-05
Butler Dr.**
20 mph
6 ton
2005-002
1-10-05
Carolina Ave.
20 mph
6 ton
2005-002
1-10-05
Catalpa Dr.
20 mph
6 ton
2005-002
1-10-05
Celesta Way
20 mph
6 ton
2005-002
1-10-05
Cherry St.
20 mph
6 ton
2005-002
1-10-05
Church St.
20 mph
6 ton
2005-002
1-10-05
Clareva Dr.**
20 mph
6 ton
2005-002
1-10-05
E. Deleware Ct.
20 mph
6 ton
2005-002
1-10-05
W. Deleware Ct.
20 mph
6 ton
2005-002
1-10-05
Denton Ave.
20 mph
6 ton
2005-002
1-10-05
Development Dr.**
20 mph
6 ton
2005-002
1-10-05
Dold Ave.
20 mph
6 ton
2005-002
1-10-05
Dreyer Ln.
30 mph
6 ton
2005-002
1-10-05
Eastside Ave.
20 mph
6 ton
2005-002
1-10-05
Edgeland Ave.
20 mph
6 ton
2005-002
1-10-05
Edgewood Dr.
20 mph
6 ton
2005-002
1-10-05
Ehringer Ln.
20 mph
6 ton
2005-002
1-10-05
Emerald Dr.
20 mph
6 ton
2005-002
1-10-05
Enterprise Way**
20 mph
6 ton
2005-002
1-10-05
Equestrian Dr.*
 
 
2005-002
1-10-05
N. Fern St.
20 mph
6 ton
2005-002
1-10-05
S. Fern St.
20 mph
6 ton
2005-002
1-10-05
Florida Dr.
20 mph
6 ton
2005-002
1-10-05
Foothill Rd.
20 mph
6 ton
2005-002
1-10-05
Forrest Dr.
20 mph
6 ton
2005-002
1-10-05
Forrest Dr. N.
20 mph
6 ton
2005-002
1-10-05
Forrest Dr. S.
20 mph
6 ton
2005-002
1-10-05
Fulton St.
20 mph
6 ton
2005-002
1-10-05
Georgian Ave.
20 mph
6 ton
2005-002
1-10-05
Gilola St.
20 mph
6 ton
2005-002
1-10-05
Greenwood Rd.
30 mph
6 ton
2005-002
1-10-05
Haas Ln.
20 mph
6 ton
2005-002
1-10-05
Hampton Ct.
20 mph
6 ton
2005-002
1-10-05
Hanger Ave.
20 mph
6 ton
2005-002
1-10-05
Hauss St.
20 mph
6 ton
2005-002
1-10-05
Helbig Ave.
20 mph
6 ton
2005-002
1-10-05
Highland Ave.
20 mph
6 ton
2005-002
1-10-05
Indianola Dr.
20 mph
6 ton
2005-002
1-10-05
Iowa Ave.
20 mph
6 ton
2005-002
1-10-05
Kahl Ct.
20 mph
6 ton
2005-002
1-10-05
Karie Dr.*
20 mph
6 ton
2005-002
1-10-05
Kay Ave.
20 mph
6 ton
2005-002
1-10-05
Lakeside Ct.*
 
 
2005-002
1-10-05
Lakeside Dr.*
 
 
2005-002
1-10-05
Lane Ave.
20 mph
6 ton
2005-002
1-10-05
Linwood Ave. (Creston Subdv.)
20 mph
6 ton
2005-002
1-10-05
Linwood Ave.
20 mph
6 ton
2005-002
1-10-05
Lisa Ave.
20 mph
6 ton
2005-002
1-10-05
Maple St.
20 mph
6 ton
2005-002
1-10-05
Mayfair Dr.**
20 mph
6 ton
2005-002
1-10-05
Miller Ave.
20 mph
6 ton
2005-002
1-10-05
Millview Circle
20 mph
6 ton
2005-002
1-10-05
Millview Dr.
20 mph
6 ton
2005-002
1-10-05
Mosley Park Road
20 mph
6 ton
2005-002
1-10-05
Mulberry St.
20 mph
6 ton
2005-002
1-10-05
Nevada Ave.
20 mph
6 ton
2005-002
1-10-05
N. New Albany St.
20 mph
6 ton
2005-002
1-10-05
S. New Albany St.
20 mph
6 ton
2005-002
1-10-05
Newberry Dr.**
20 mph
6 ton
2005-002
1-10-05
Norman Dr. (Wildwood to Forrest)
30 mph
6 ton
2005-002
1-10-05
Norman Dr. (Wildwood to Fulton)
20 mph
6 ton
2005-002
1-10-05
Oak St.
20 mph
6 ton
2005-002
1-10-05
Ohio Ave. (From Hwy 311 to Carolina Ave.)
30 mph
6 ton
2005-002
1-10-05
Paradise Ave.
20 mph
6 ton
2005-002
1-10-05
Parallel Ave.
20 mph
6 ton
2005-002
1-10-05
Pauls Pl.*
 
 
2005-002
1-10-05
Payne-Koehler Rd.
30 mph
6 ton
2005-002
1-10-05
Penn Ave.
20 mph
6 ton
2005-002
1-10-05
Penn St.
30 mph
6 ton
2005-002
1-10-05
Pennsylvania Ave.
20 mph
6 ton
2005-002
1-10-05
Poplar Dr.
20 mph
6 ton
2005-002
1-10-05
Popp Ave.
20 mph
6 ton
2005-002
1-10-05
Prather Ln. (Hwy 311 to Shirley Ave.)
20 mph
6 ton
2005-002
1-10-05
Regents park Rd.
20 mph
6 ton
2005-002
1-10-05
Renz Ave.**
20 mph
6 ton
2005-002
1-10-05
St. Joe Rd. E. (I-65 to Onward St.)
30 mph
6 ton
2005-002
1-10-05
St. Paul St.
20 mph
6 ton
2005-002
1-10-05
Schellers Ave.
20 mph
6 ton
2005-002
1-10-05
Sellers Ave.
20 mph
6 ton
2005-002
1-10-05
Service Dr.*
 
 
2005-002
1-10-05
Sharps Ln.**
20 mph
6 ton
2005-002
1-10-05
Shirley Ave.
20 mph
6 ton
2005-002
1-10-05
South St.
20 mph
6 ton
2005-002
1-10-05
Sunset Ct.*
 
 
2005-002
1-10-05
Terry Ln.
20 mph
6 ton
2005-002
1-10-05
Triangle Dr.
20 mph
6 ton
2005-002
1-10-05
Twinbrook Dr.**
20 mph
6 ton
2005-002
1-10-05
E. Utica St. (From Indiana Ave. to Adkins Ct.)
20 mph
6 ton
2005-002
1-10-05
E. Utica St. (From Adkins Ct. to town limit)
30 mph
6 ton
2005-002
1-10-05
W. Utica St.
30 mph
6 ton
2005-002
1-10-05
Villa Dr.
20 mph
6 ton
2005-002
1-10-05
Walk Dr.
 
 
2005-002
1-10-05
Whitner Ct.
20 mph
6 ton
2005-002
1-10-05
Wildwood Rd.
20 mph
6 ton
2005-002
1-10-05
Wilson Ln.
20 mph
6 ton
2005-002
1-10-05
Windsor Dr.**
20 mph
6 ton
2005-002
1-10-05
 
Penalty, see § 70.99
*   Denotes streets not yet dedicated
**   Denotes streets not included on street inventory list
   (C)   School speed limits. There is hereby established a maximum speed limit on certain streets during school hours as set forth below, with signs appropriate place to designate the maximum speed. All traffic is required to travel at the stated speed during the specific times.
 
Street
MPH
Time
Ord. No.
Date Passed
N. New Albany St. from 130 N. New Albany to 300 N. New Albany St.
20
Monday - Friday

8:00 a.m. — 9:30 a.m.

11:00 a.m. — 12:30 p.m.

2:30 p.m. — 3:00 p.m.
2005-002;

022-OR-008
1-10-05;

4-25-22
Schellers Ave.
10
7:00 a.m. — 8:00 a.m. and 2:30 p.m. — 3:00 p.m.
2005-002
1-10-05
 
Penalty, see § 70.99
SCHEDULE II. WEIGHT LIMITS.
   It shall be unlawful for any individual to operate a motor vehicle or other conveyance over any streets of the town with a weight in excess of the limits below.
Street
Location
Weight
`93 Code
Ord. No.
Date Passed
Street
Location
Weight
`93 Code
Ord. No.
Date Passed
New Albany Street
Beginning with its intersection at U.S. 31, extending northward to the town limits
8,000 lbs.
§ 8-45
368
3-15-83
OLD SR 60
No trucks, except for delivery, shall traverse Old SR 60 between SR 60 and CR 311
26,000 lbs.
2020-OR-031
11-9-20
Penn Street
 
6-ton
§ 8-44
462
1-23-89
Terry Lane
 
8-ton
§ 8-52
94-597
8-8-94
U.S. 31
 
6-ton
§ 8-42
-
-
Utica Street
 
6-ton
§§ 8-42; 8-44
-; 462
-; 1-23-89
Wilson Lane
 
8-ton
§ 8-52
94-597
8-8-94
 
Penalty, see § 70.99
SCHEDULE III. STOP INTERSECTIONS; SIGN PLACEMENT.
   (A)   It shall be unlawful for any individual to operate a motor vehicle or other conveyance over any streets without stopping at the locations below.
   (B)   A stop sign shall be erected and maintained at the locations established herein. A vehicle traveling on the following streets is required to come to a complete stop at said intersections. It shall be unlawful for any vehicle traveling any street or roadway covered by this schedule to fail to come to a complete stop at said intersections.
(Am. Ord. 2006-006, passed 12-13-06)
Location
`93 Code
Ord. No.
Date Passed
Location
`93 Code
Ord. No.
Date Passed
Intersection of Georgian Avenue and Pennsylvania Avenue
2014-012
7-14-14
Intersection of Nugget Court and Lakeside Drive (three way stop)
-
2023-OR-001
2-13-23
Intersection of South Avenue and Edgeland Avenue
-
2000-008
6-26-00
Intersection of Sunset Drive and Lakeside Drive (three way stop)
-
2023-OR-001
2-13-23
Intersection of Utica-Sellersburg Road and Service Drive
-
99-
- -99
Intersection of Hampton Court and Regents Park
-
2000-7
6-26-00
Intersection of Ohio Avenue and Enterprise Way
§ 8-100
94-598
8-8-94
Intersection of Adkins Court
-
2002-009
5-13-02
Intersection of E. St. Joe and Alabama Avenue (three way stop)
-
2021-OR-02 8
10-25-21
Intersection of Mayfair Drive and Newberry Road (three way stop)
-
2005-002;
2022-OR-017
1-10-05
7-11-22
Intersection of Industrial Boulevard and Progress Way (three way stop)
-
2022-OR-017
7-11-22
Adkins Ct. at E. Utica St.
-
2005-002
1-10-05
Adkins Ct. at S.I.R. Crossing
-
2005-002
1-10-05
Adkins Ct. at S.I.R. Crossing
-
2005-002
1-10-05
Adkins Ct. at Adkins Ct. (at Silver Creek Township Park)
-
2005-002
1-10-05
Adkins Ct. at N. Fern St. (three way stop)
-
2020-OR-011
7-13-20
Alabama Ave. at Nevada St. (three way stop)
-
2023-OR-016
8-14-23
Alabama Ave. at E. St. Joe Rd.
-
2005-002
1-10-05
Alberta Ct. at Terry Ln.
-
2005-002
1-10-05
Allen Rd. at Allentown Rd.
-
2005-002
1-10-05
Allentown Rd. at E. St. Joe Rd.
-
2005-002
1-10-05
Allhands Ave. at N. Indiana Ave.
-
2005-002
1-10-05
Allhands Ave. at Ehringer Ln.
-
2005-002
1-10-05
Allhands Ave. at Haas Ln.
-
2005-002
1-10-05
Allhands Ave. at Indianola Ave.
-
2005-002
1-10-05
Amy Ave. at Winged Foot Dr. (three way stop)
-
2023-OR-009
5-8-23
Applegate Ln. at W. Utica St.
-
2005-002
1-10-05
Avco Blvd. at Payne-Koehler Rd. (non-dedicated)
-
2005-002
1-10-05
Beau Vista Pl. at Indianola Ave.
-
2005-002
1-10-05
Beechwood Dr. at Dreyer Ln.
-
2005-002
1-10-05
Beechwood Dr. at Dreyer Ln.
-
2005-002
1-10-05
Bonair Pl. at Indianola Ave.
-
2005-002
1-10-05
Brandon Cir. at Lakeside Dr. (non-dedicated)
-
2005-002
1-10-05
Bridge Ct. at Lakeside Dr. (non-dedicated)
-
2005-002
1-10-05
Broadway St. at E. Utica St.
-
2005-002
1-10-05
Broadway St. at A. Indiana Ave.
-
2005-002
1-10-05
Bucheit Ave. at Edgeland Highland Ave.
-
2005-002
1-10-05
Butler Dr. at Hwy 31
-
2005-002
1-10-05
Carolina Ave. at Ohio Ave.
-
2005-002
1-10-05
Carolina Ave. at Alabama Ave.
-
2005-002
1-10-05
Catalpa Dr. at Clareva Dr.
-
2005-002
1-10-05
Ceslesta Way at Greenwood Rd.
-
2005-002
1-10-05
Cherry St. at Hanger Ave.
-
2005-002
1-10-05
Church St. at N. New Albany St.
-
2005-002
1-10-05
Church St. at N. New Albany St.
-
2005-002
1-10-05
Clareva Dr. at Dreyer Ln.
-
2005-002
1-10-05
E. Delaware Ct. at Pennsylvania Ave.
-
2005-002
1-10-05
W. Delaware Ct. at Pennsylvania Ave.
-
2005-002
1-10-05
Denton Ave. at Georgian Ave.
-
2005-002
1-10-05
Denton Ave. at Allentown Rd.
-
2005-002
1-10-05
Development Dr. at Bean Rd.
-
2005-002
1-10-05
Dold Ave. at S. Fern St.
-
2005-002
1-10-05
Dold Ave. at Popp St.
-
2005-002
1-10-05
Dold Ave. at Broadway St.
-
2005-002
1-10-05
Dreyer Ln. at E. St. Joe Rd.
-
2005-002
1-10-05
Eastside Ave. at Edgewood Dr.
-
2005-002
1-10-05
Ehringer Ln. at W. Utica St.
-
2005-002
1-10-05
Ehringer Ln. at South St.
-
2005-002
1-10-05
Emerald Dr. at Celesta way
-
2005-002
1-10-05
Enterprise Way at Ohio Ave.
-
2005-002
1-10-05
N. Fern St. at E. Utica St.
-
2005-002
1-10-05
N. Fern St. at S.I.R. Crossing
-
2005-002
1-10-05
N. Fern St. at S.I.R. Crossing
-
2005-002
1-10-05
S. Fern St. at Penn St.
-
2005-002
1-10-05
S. Fern St. at S. Indiana Ave.
-
2005-002
1-10-05
Florida Dr. at Carolina Ave.
-
2005-002
1-10-05
Florida Dr. at Ohio Ave.
-
2005-002
1-10-05
Foothill Rd. at Edgeland Ave.
-
2005-002
1-10-05
Foothill Rd. at S. Indiana Ave.
-
2005-002
1-10-05
Fulton St. at Wildwood Dr.
-
2005-002
1-10-05
Georgian Ave. at Carolina Ave.
-
2005-002
1-10-05
Georgian Ave. at Ohio Ave.
-
2005-002
1-10-05
Georgian Ave. at Nevada Ave.
-
2005-002
1-10-05
Georgian Ave. at Nevada St. (three way stop)
-
2023-OR-016
8-14-23
Gilola St. at Payne-Koehler Rd.
-
2005-002
1-10-05
Greenbrier Blvd. at Amy Ave. (four way stop)
-
2020-OR-001
1-27-20
Greenbrier Blvd. (terminus point) at the intersection with Bennettsville Road
-
2021-OR-008
3-22-21
Greenwood Rd. at Celesta Way
-
2008-013
5-12-08
Greenwood Rd. at Hwy 31E (stoplight)
-
2005-002
1-10-05
Greenwood Rd. at SR60
-
2005-002
1-10-05
Haas Ln. at W. Utica St.
-
2005-002
1-10-05
Haas Ln. at Allhands Ave.
-
2005-002
1-10-05
Haas Ln. at Indianola Ave.
-
2005-002
1-10-05
Hampton Ct. at Regents Park Rd.
-
2005-002
1-10-05
Hanger Ave. at E. Utica St.
-
2005-002
1-10-05
Hannah Hill Ct. at Greenbriar Blvd. (three way stop)
-
2023-OR-009
5-8-23
Hauss St. at N. New Albany St.
-
2005-002
1-10-05
Hauss St. at N. Indiana Ave.
-
2005-002
1-10-05
Helbig Ave. at E. Utica St.
-
2005-002
1-10-05
Highland Ave. at Allhands Ave.
-
2005-002
1-10-05
Highland Ave. at Prather Ln.
-
2005-002
1-10-05
Indianola Dr. at W. Utica St.
-
2005-002
1-10-05
Iowa Ave. at Pennsylvania Ave.
-
2005-002
1-10-05
Iowa Ave. at Nevada Ave.
-
2005-002
1-10-05
Kahl Ct. at Penn St.
-
2005-002
1-10-05
Kahl Ct. at S. Fern St.
-
2005-002
1-10-05
Kahl Ct. at S. Fern St.
-
2005-002
1-10-05
Kay Ave. at Popp Ave.
-
2005-002
1-10-05
Lakeside Ct. at Lakeside Dr. (non-dedicated street)
-
2005-002
1-10-05
Lakeside Dr. at S. Indiana Ave. (non-dedicated street)
-
2005-002
1-10-05
Lane Ave. at Allentown Rd.
-
2005-002
1-10-05
Lane Ave. at Georgian Ave.
-
2005-002
1-10-05
Linnwood Ave. at S. Indiana Ave.
-
2005-002
1-10-05
Linnwood Ave. at Edgewood Dr.
-
2005-002
1-10-05
Linnwood Ave. at Penn St.
-
2005-002
1-10-05
Lisa Ave. at Sellers Ave.
-
2005-002
1-10-05
Lisa Ave. at Sellers Ave. and St. Paul St.
-
2005-002
1-10-05
Magnolia Point at Greenbriar Blvd. (three way stop)
-
2023-OR-009
5-8-23
Maple St. at E. Utica St.
-
2005-002
1-10-05
Mayfair Dr. at Windsor Dr.
-
2005-002
1-10-05
Miller Ave. at Hanger Ave.
-
2005-002
1-10-05
Millview Cir. at Millview Dr.
-
2005-002
1-10-05
Millview Cir. at W. Utica St.
-
2005-002
1-10-05
Miners Way at Silver Glade Trail
-
2018-OR-019
9-10-18
Mosley Park Rd. at Oak St.
-
2005-002
1-10-05
Mulberry St. at Claravena Ave.
-
2005-002
1-10-05
Nevada Ave. at Allentown Rd.
-
2005-002
1-10-05
Nevada Ave. at Alabama Ave.
-
2005-002
1-10-05
N. New Albany St. at S. Indiana Ave.
-
2005-002
1-10-05
N. New Albany St. at E. Utica St.
-
2005-002
1-10-05
N. New Albany St. at Hwy 403
-
2005-002
1-10-05
S. New Albany St. at S. Indiana Ave.
-
2005-002
1-10-05
Newberry Dr. at Conj. to Twinbrook Dr.
-
2005-002
1-10-05
Newberry Dr. at Poindexter Rd.
-
2005-002
1-10-05
Oak St. at Hauss St.
-
2005-002
1-10-05
Oak St. at St. Paul St.
-
2005-002
1-10-05
Oak St. at Conj. to Mosley Park Rd. and Hauss St.
-
2005-002
1-10-05
Ohio Ave. at Hwy 311 (stoplight)
-
2005-002
1-10-05
Ohio Ave. at Enterprise Way
-
2005-002
1-10-05
Ohio Ave. at Carolina Ave.
-
2005-002
1-10-05
Ohio Ave. at Georgian Ave.
-
2005-002
1-10-05
Ohio Ave. at Alabama Ave.
-
2005-002
1-10-05
Paradise Ave. at N. New Albany St.
-
2005-002
1-10-05
Paradise Ave. at Helbig Ave.
-
2005-002
1-10-05
Parallel Ave. at Popp Ave.
-
2005-002
1-10-05
Parallel Ave. at Foothill Rd.
-
2005-002
1-10-05
Parallel Ave. at Foothill Rd.
-
2005-002
1-10-05
Parallel Ave. at Linnwood Ave.
-
2005-002
1-10-05
Payne-Koehler Rd. at Avco Blvd.
-
2005-002
1-10-05
Penn Ave. at N. New Albany St.
-
2005-002
1-10-05
Penn St. at E. Utica St.
-
2005-002
1-10-05
Penn St. at N. Indiana Ave.
-
2005-002
1-10-05
Pennsylvania Ave. at Georgian Ave.
-
2005-002
1-10-05
Pennsylvania Ave. at Alabama Ave.
-
2005-002
1-10-05
Pinehurst Ct. at Greenbriar Blvd. (three way stop)
-
2023-OR-009
5-8-23
Poplar Dr. at Beechwood Dr.
-
2005-002
1-10-05
Poplar Dr. at Beechwood Dr.
-
2005-002
1-10-05
Popp Ave. at E. Utica St.
-
2005-002
1-10-05
Popp Ave. at S. Indiana Ave.
-
2005-002
1-10-05
Popp Ave. at S. Indiana Ave.
-
2005-002
1-10-05
Regents Park Rd. at Alabama Ave.
-
2005-002
1-10-05
Renz Ave. at N. Indiana Ave.
-
2005-002
1-10-05
St. Joe Rd. E. at Allentown Rd.
-
2005-002
1-10-05
St. Paul St. at N. Indiana Ave.
-
2005-002
1-10-05
St. Paul St. at N. New Albany St.
-
2005-002
1-10-05
Schellers Ave. at W. Utica St.
-
2005-002
1-10-05
Schellers Ave. at St. Paul St.
-
2005-002
1-10-05
Sellers Ave. at W. Utica St.
-
2005-002
1-10-05
Service Dr. at E. Utica St.
-
2005-002
1-10-05
Sharps Ln. at St. Joe Rd. E.
-
2005-002
1-10-05
Shirley Ave. at Allhands Ave.
-
2005-002
1-10-05
Shirley Ave. at Prather Ln.
-
2005-002
1-10-05
South St. at Edgeland Ave.
-
2005-002
1-10-05
Sunset Ct. at Lakeside Dr. (non-dedicated street)
-
2005-002
1-10-05
Terry Ln. at Payne-Koehler Rd.
-
2005-002
1-10-05
Triangle Dr. at S. Indiana Ave.
-
2005-002
1-10-05
Twinbrook Dr. at Conj. to Newberry Dr.
-
2005-002
1-10-05
E. Utica St. at N. Indiana Ave. (stoplight)
-
2005-002
1-10-05
E. Utica St. at N. New Albany St.
-
2005-002
1-10-05
E. Utica St. at S.I.R. Crossing
-
2005-002
1-10-05
E. Utica St. at S.I.R. Crossing
-
2005-002
1-10-05
W. Utica St. at N. Indiana Ave. (stoplight)
-
2005-002
1-10-05
Villa Dr. at N. Indiana Ave.
-
2005-002
1-10-05
Villa Dr. at Kahl Ct.
-
2005-002
1-10-05
Whitner Ct. at S. Forrest Dr.
-
2005-002
1-10-05
Wildwood Rd. at Edgewood Dr.
-
2005-002
1-10-05
Wildwood Rd. at Norman Dr.
-
2005-002
1-10-05
Wilson Ln. Payne-Koehler Rd.
-
2005-002
1-10-05
Windsor Dr. at Poindexter Rd.
-
2005-002
1-10-05
Winged Foot Dr. at Covered Bridge Rd. at the parking lot entrance (four way stop)
-
2023-OR-009
5-8-23
Winged Foot Dr. at St. Andrews Pl. (four way stop)
-
2023-OR-009
5-8-23
 
Penalty, see § 70.99
SCHEDULE IV. TURN OFF PROHIBITIONS; SIGN PLACEMENT.
   It shall be unlawful for any individual to turn off any street at the locations below. The Street Department shall place a "DO NOT ENTER" sign at the north of Allhands Avenue and Walk Drive.
 
Location
Ord. No.
Date Passsed
From Allhands Avenue north onto Walk Drive
2003-009
6-2-03
 
Penalty, see § 70.99
CHAPTER 74: PARKING SCHEDULES
Schedule
   I.   No parking zones
   II.   Two-hour parking
SCHEDULE I. NO PARKING ZONES.
   It shall be unlawful to park in any of the following areas.
Location
Sides
`93 Code
Ord. No.
Date Passed
Location
Sides
`93 Code
Ord. No.
Date Passed
Adkins Court (Reserved for residents only)
-
-
2022-OR-005
3-14-22
Greenwood Road East where the cul-de-sac is located
-
-
2007-014
6-11-07
Intersection of Adams Creek Drive and Dora Drive to the back of the cul-de-sac at the end of Adams Creek Drive
-
-
2023-OR-022
10-16-23
Service Drive
Both
2018-OR-015
7-11-18
U.S. 31, from Popp Avenue to East Villa Drive, a total of 650 feet
Both
§ 8-11
26-91
1-31-91
U.S. 31, beginning at the south curbline of S.R. 403 to the north curbline of Utica Street
Both
§ 8-11
26-91
1-31-91
Utica Street between the intersection of New Albany Street to Indiana Avenue
North
§ 8-9
241
4-12-66
West Utica Street beginning at the property line where 305 West Utica Street and 311 West Utica Street meet extending to Indiana Avenue (U.S. 31) and shall be effective and enforced seven days a week
South
-
2000-013; Am. Ord. 2001-008

Am. Ord. 2002-010
9-11-00; 4-9-01; 6-10-02
Along the school side of Scheller Avenue where the St. Paul Elementary School property begins, along the chain link fence to the first stop sign on Schellers Avenue. This area shall be a no parking zone and no stopping zone from 6:00 a.m. to 4:00 p.m. Monday through Friday; only during the school year while school is in session.
-
-
2000-18; Am. Ord. 2000-022
10-9-00; 11-13-00
 
Penalty, see § 70.99
SCHEDULE II. TWO-HOUR PARKING.
   It shall be unlawful for any person to park a motor vehicle or other conveyance for a continuous period of time longer than two hours in the following areas at the specified times.
 
Street
Location
Time Period
`93 Code
Ord. No.
Date Passed
Maple Street
Between East Utica Street and South New Albany Street
6:00 a.m. to 6:00 p.m.
§ 8-20
-
-
West Utica Street
Between Indiana Avenue and Scheller Avenue
6:00 a.m. to 6:00 p.m.
§ 8-20
-
-
Portion of parking lot off East Utica Street, which is adjacent to Wilkerson Memorial Park
6:00 a.m. to 6:00 p.m.
§ 8-20
501
12-11-90
 
Penalty, see § 70.99
CHAPTER 75: GOLF CARTS
Section
   75.01   Title
   75.02   Authority
   75.03   Permitted streets
   75.04   Prohibited streets
   75.05   Required golf cart equipment and documents
   75.06   Permitting process
§ 75.01 TITLE.
   This chapter shall be known as the “Golf Cart Policy for the Town of Sellersburg, Indiana.”
(Ord. 2021-OR-025, passed 9-13-21)
§ 75.02 AUTHORITY.
   Pursuant to I.C. 9-21-1-3.3, this Council desires to allow and regulate the use of golf carts on certain Sellersburg streets in a manner not in conflict with Indiana law.
(Ord. 2021-OR-025, passed 9-13-21)
§ 75.03 PERMITTED STREETS.
   (A)   Golf carts that meet the standards for the general requirements of a motor vehicle, as defined herein below, shall be permitted to be operated by a person with a valid driver’s license or a person holding learner’s permit accompanied by an adult, on the following types of roads:
   (B)   Local roads. Those roads that serve primarily to provide access to the traffic originating from the properties and discharge them onto collector roads. They serve a minor role in the classification system and usually have low traffic. On local roads speed is usually kept low due to the frequent movements of children and adults both in the residential area.
(Ord. 2021-OR-025, passed 9-13-21)
§ 75.04 PROHIBITED STREETS.
   Golf carts are prohibited from being operated on the following streets:
   (A)   Perry Crossing Road;
   (B)   Allentown Road;
   (C)   East St. Joe Road;
   (D)   Ohio Avenue (South of Hill-N-Dale entry to Enterprise Drive);
   (E)   Dreyer Lane;
   (F)   West Utica Street;
   (G)   East Utica Street;
   (H)   Prather Street;
   (I)   North New Albany Street;
   (J)   South New Albany Street;
   (K)   Broadway Street;
   (L)   Popp Avenue;
   (M)   South Fern Street;
   (N)   North Fern Street;
   (O)   South Penn Avenue;
   (P)   Appleleaf Lane;
   (Q)   Greenwood Road;
   (R)   Payne Koehler Road;
   (S)   Old Highway 60;
   (T)   SR 60;
   (U)   CO 311 (Charlestown Road); and
   (V)   US 31(North and South Indiana Avenue).
(Ord. 2021-OR-025, passed 9-13-21)
§ 75.05 REQUIRED GOLF CART EQUIPMENT AND DOCUMENTS.
   Operators of the golf carts shall be required to have the following equipment on each golf cart and shall also provide the following documents:
   (A)   Headlights;
   (B)   Brake lights;
   (C)   Rear view mirror;
   (D)   Seat belt(s);
   (E)   Tail lamps;
   (F)   Turn signals;
   (G)   Verification of residency; and
   (H)   Proof of insurance (homeowners insurance).
(Ord. 2021-OR-025, passed 9-13-21)
§ 75.06 PERMITTING PROCESS.
   (A)   A person wishing to operate a golf cart on the local roads not otherwise prohibited herein, shall make contact with the Sellersburg Police Department to make application and to have his or her golf cart inspected.
   (B)   The cost of the application is $10 and upon the successful inspection of the golf cart by the Police Department, he or she will be issued a sticker, which will serve the function of a permit, to be placed in an unobstructed manner on the exterior of the golf cart. The permit is valid for five years.
   (C)   However, the Sellersburg Police Department retains the right to revoke the permit any time, at the sole discretion of the Police Department, if it is determined that the golf cart no longer meets the requirements of this chapter. If the permit holder disagrees with the revocation, he or she may petition this Council in writing for review of the decision at the next regularly scheduled meeting of the Town Council.
(Ord. 2021-OR-025, passed 9-13-21)
TITLE IX: GENERAL REGULATIONS
Chapter
   90.   ABANDONED VEHICLES
   91.   FAIR HOUSING; RENTAL PROPERTIES
   92.   PARKS AND RECREATION
   93.   ANIMALS
   94.   STREETS AND SIDEWALKS
   95.   HEALTH AND SANITATION; NUISANCES
   96.   LEGAL FIREWORKS
CHAPTER 90: ABANDONED VEHICLES
Section
   90.01   Junk on property prohibited
   90.02   Definitions
   90.03   Exclusions
   90.04   Responsibility of owner
   90.05   Discovery of possession by person other than vehicle owner
   90.06   Notice to Bureau of vehicle discovered in possession of person other than owner
   90.07   Inability to determine ownership; declaring vehicle abandoned
   90.08   Release to owner or lien holder of stored vehicle
   90.09   Release; contents; notice by towing operator
   90.10   Failure of owner of lien holder to appear; declaring vehicle abandoned
   90.11   Notice tag prepared by police officer
   90.12   Preparation of report; photographs
   90.13   Disposition of vehicle of less than $300 in value
   90.14   Duties of tagging officer; towing and storage of vehicle or parts
   90.15   Vehicle abandoned on rental property; notification procedures
   90.16   Towing vehicle from rental property
   90.17   Towing operator required to notify public agency and state Bureau of Motor Vehicles
   90.18   Vehicle abandoned on private property; notification procedures
   90.19   Abandoned vehicle report; forwarding to state Bureau of Motor Vehicles
   90.20   Search by Bureau for owner or lien holder; notice to owner or lien holder
   90.21   Means of vehicle identification not available; disposal of vehicle without notice
   90.22   Public sale by Bureau; notice
   90.23   Purchasers at public sale; bill of sale; fees; roadworthiness of vehicle
   90.24   Payment of removal, storage and disposition costs; cost limits
   90.25   Sales proceeds credited against removal, storage and disposition costs
   90.26   Sales by Bureau; proceeds; transfer to Motor Vehicle Highway Fund
   90.27   Establishment of procedures and Abandoned Vehicle Fund
   90.28   Removal of abandoned vehicles; establishment of procedures
   90.29   Exemptions from liability
§ 90.01 JUNK ON PROPERTY PROHIBITED.
   It is unlawful to deposit unwholesome substances, including but not limited to, junk automobiles or parts of automobiles, appliances, wood, unoccupied and dilapidated wooden structures, and various and sundry other paraphernalia, on public or private property within the town.
(Ord. 2009-002, passed 1-12-09) Penalty, see § 10.99
§ 90.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONED VEHICLES.
      (1)   A vehicle located on public property illegally;
      (2)   A vehicle left on public property continuously without being removed for three days;
      (3)   A vehicle located on public property in a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way;
      (4)   A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours;
      (5)   A vehicle from which the engine, transmission or differential has been removed, or that is otherwise partially dismantled or inoperable and left on public property;
      (6)   A vehicle that has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance other than this chapter, if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 15 days of the vehicle’s removal; or
      (7)   A vehicle that is at least three model years old and mechanically inoperable and is left on private property continuously in a location visible from public property for more than 20 days.
      (8)   A vehicle:
         (a)   That was repaired or stored at the request of the owner;
         (b)   That has not been claimed by the owner; and
         (c)   For which the reasonable value of the charges associated with the repair or storage remain unpaid more than 30 days after the date on which the repair work is completed or the vehicle is first stored.
(I.C. 9-13-2-1)
   BUREAU. The Indiana Department of Motor Vehicles.
   OFFICER. 
      (1)   A regular member of the Police Department; or
      (2)   Another person designated by the Town Council.
   PUBLIC AGENCY. The Town of Sellersburg, Indiana, its departments, employees, appointees and elected officials, which has been given the responsibility for the removal, storage and disposal of abandoned vehicles.
(Ord. 99-729, passed 10-25-99; Am. Ord. 2009-002, passed 1-12-09)
§ 90.03 EXCLUSIONS.
   This chapter does not apply to the following:
   (A)   A vehicle in operable condition specifically adapted or constructed for operation on privately-owned raceways;
   (B)   A vehicle located on a vehicle sale lot or at a commercial vehicle servicing facility.
   (C)   A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment;
   (D)   A vehicle located upon property properly licensed or zoned as an automobile scrap yard; and
   (E)   A vehicle registered and licensed under I.C. 9-18-12 as an antique vehicle.
(Ord. 99-729, passed 10-25-99; Am. Ord. 2009-002, passed 1-12-09)
§ 90.04 RESPONSIBILITY OF OWNER.
   The person who owns an abandoned vehicle or parts of vehicle is:
   (A)   Responsible for the abandonment; and
   (B)   Liable for all of the costs incidental to the removal, storage and disposal of the vehicle or parts of a vehicle.
(Ord. 2009-002, passed 1-12-09)
§ 90.05 DISCOVERY OF POSSESSION BY PERSON OTHER THAN VEHICLE OWNER.
   When an officer discovers a vehicle in the possession of a person other than its owner and the person cannot establish the right to possession of the vehicle, the vehicle shall be taken to and stored in a suitable place.
(Ord. 2009-002, passed 1-12-09)
§ 90.06 NOTICE TO BUREAU OF VEHICLE DISCOVERED IN POSSESSION OF PERSON OTHER THAN OWNER.
   (A)   The Bureau shall be notified within 72 hours of the location and description of a vehicle described in § 90.05.
   (B)   Upon receipt of notification, the Bureau shall cause a search to be made to determine and notify the person who owns the vehicle.
(Ord. 2009-002, passed 1-12-09)
§ 90.07 INABILITY TO DETERMINE OWNERSHIP; DECLARING VEHICLE ABANDONED.
   If the person who owns a vehicle cannot be determined by a search, as defined herein, the Bureau shall declare the vehicle abandoned and provide for its disposal under this chapter.
(Ord. 2009-002, passed 1-12-09)
§ 90.08 RELEASE TO OWNER OR LIEN HOLDER OF STORED VEHICLE.
   If a properly identified person who owns or holds a lien on a vehicle appears at the site of storage before disposal of the vehicle or parts, and pays all costs incurred against the vehicle or parts at that time, the vehicle or parts shall be released.
(Ord. 2009-002, passed 1-12-09)
§ 90.09 RELEASE; CONTENTS; NOTICE BY TOWING OPERATOR.
   (A)   The release must:
      (1)   State the name, signature and address of the person who owns or holds a lien on the vehicle; and
      (2)   Describe the vehicle or parts, costs, and date of release.
   (B)   A towing operator shall notify the Bureau of all releases permitted by this chapter.
(Ord. 2009-002, passed 1-12-09)
§ 90.10 FAILURE OF OWNER OR LIEN HOLDER TO APPEAR; DECLARING VEHICLE ABANDONED.
   If a person who owns or holds a lien created by this chapter does not appear and pay all costs, the Bureau shall declare the vehicle abandoned and provide for its disposal under this chapter,
(Ord. 2009-002, passed 1-12-09)
§ 90.11 NOTICE TAG PREPARED BY POLICE OFFICER.
   An officer who finds or is notified of a vehicle or parts of a vehicle believed to be abandoned shall attach thereto, in a prominent place, a notice tag containing the following information:
   (A)   The date, time, officer's name, public agency, and address and telephone number to contact for information;
   (B)   That the vehicle or parts are considered abandoned;
   (C)   That the vehicle or parts will be removed after 72 hours:
   (D)   That the person who owns the vehicle will be held responsible for all costs incidental to its removal, storage and disposal; and
   (E)   That the person who owns the vehicle or parts may avoid costs by removal of the same within 72 hours.
(Ord. 99-729, passed 10-25-99; Am. Ord. 2009-002, passed 1-12-09)
§ 90.12 PREPARATION OF REPORT; PHOTOGRAPHS.
   (A)   If a vehicle or parts tagged pursuant to § 90.11 is not removed within the 72-hour period, the officer shall prepare a written abandoned vehicle report of the same, including information on the condition, missing parts and other facts that might substantiate their estimated market value.
   (B)   Photographs shall be taken to describe the condition of the vehicle or parts.
(Ord. 99-729, passed 10-25-99; Am. Ord. 2009-002, passed 1-12-09)
§ 90.13 DISPOSITION OF VEHICLE OF LESS THAN $300 IN VALUE.
   If, in the opinion of the officer, the market value of an abandoned vehicle or parts is less than $300, the officer shall immediately dispose of the vehicle or parts to an automobile scrapyard.
   (A)   A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the state Bureau of Motor Vehicles.
   (B)   The public agency disposing of the vehicle shall retain the original records and photographs for at least two years.
(Ord. 99-729, passed 10-25-99; Am. Ord. 2009-002, passed 1-12-09)
§ 90.14 DUTIES OF TAGGING OFFICER; TOWING AND STORAGE OF VEHICLE OR PARTS.
   (A)   If, in the opinion of the officer, the market value of the abandoned vehicle or parts is determined to be at least $300 or more, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns or may be in control of the vehicle or parts.
   (B)   After 72 hours, the officer shall require the vehicle or parts to be towed to a storage area.
(Ord. 99-729, passed 10-25-99; Am. Ord. 2009-002, passed 1-12-09)
§ 90.15 VEHICLE ABANDONED ON RENTAL PROPERTY; NOTIFICATION PROCEDURES.
   A person who finds a vehicle believed to be abandoned on the person's rental property shall attach to the vehicle, in a prominent place, a notice tag containing the following information:
   (A)   The date, time, name and address of the person who owns the rental property, and a telephone number to contact for information.
   (B)   That the vehicle is considered abandoned.
   (C)   That the vehicle will be removed after 72 hours.
   (D)   That the person who owns the vehicle will be held responsible for all costs incidental to its removal, storage and disposal.
   (E)   That the person who owns the vehicle may avoid costs by its removal within 72 hours.
(Ord. 2009-002, passed 1-12-09)
§ 90.16 TOWING VEHICLE FROM RENTAL PROPERTY.
   (A)   If after 72 hours the person who owns the vehicle believed to be abandoned on rental property has not removed the vehicle from the rental property, the person who owns the rental property may have the vehicle towed from the rental property.
   (B)   The towing operator shall do the following:
      (1)   Contact the Bureau to obtain the name and address of the person who owns the vehicle.
      (2)   Deliver, by certified mail, a copy of the information contained in the notice required to the person who owns the vehicle or parts. Such notice must be given no later than five business days after the vehicle is removed.
   (C)   Notwithstanding division (A) of this section, in an emergency situation a vehicle may be removed imm.ediately. As used herein, EMERGENCY SITUATION means that the presence of the abandoned vehicle interferes physically with conduct of normal business operations of the owner of the rental property, or poses a threat to the safety or security of person or property or both.
(Ord. 2009-002, passed 1-12-09)
§ 90.17 TOWING OPERATOR REQUIRED TO NOTIFY PUBLIC AGENCY AND STATE BUREAU OF MOTOR VEHICLES.
   A towing operator that tows a vehicle, as provided herein, shall give notice to the public agency and the state Bureau of Motor Vehicles that the abandoned vehicle is in the possession of the towing operator.
(Ord. 2009-002, passed 1-12-09)
§ 90.18 VEHICLE ABANDONED ON PRIVATE PROPERTY; NOTIFICATION PROCEDURES.
   Upon complaint of a person who owns or controls private property that a vehicle has been left on the property for at least 48 hours without the consent of the person who owns or controls the property, an officer shall follow the procedures set forth in the § 90.15.
(Ord. 2009-002, passed 1-12-09)
§ 90.19 ABANDONED VEHICLE REPORT; FORWARDING TO STATE BUREAU OF MOTOR VEHICLES.
   (A)   Within 72 hours after the removal of an abandoned vehicle to a storage area under the provisions herein, the public agency or storage lot shall prepare and forward to the state Bureau of Motor Vehicle an abandoned vehicle report, containing a description of the vehicle, including the following information:
      (1)   The make and model; and
      (2)   The vehicle identification number (VIN) and the license plate number.
   (B)   The public agency or storage lot shall request that the Bureau of Motor Vehicles advise it of the name and most recent address of the person who owns or holds a lien on the vehicle.
(Ord. 2009-002, passed 1-12-09)
§ 90.20 SEARCH BY BUREAU FOR OWNER OR LIEN HOLDER; NOTICE TO OWNER OR LIEN HOLDER.
   Upon receipt of an abandoned vehicle report, the Bureau shall do the following:
   (A)   Conduct a reasonable search through the National Automobile Theft Bureau and the state police department to determine whether the vehicle or parts have been reported as stolen.
   (B)   Conduct a reasonable search of the Bureau records to determine the person who owns the vehicle or parts, or the person who holds the lien of record.
   (C)   If a reasonable search discloses the name and address of the person who owns or holds a lien on the vehicle or parts, mail a written notice, by first class mail to:
      (1)   The person who owns the vehicle or parts, with a copy to each person who holds a lien on the vehicle or parts, if the Bureau disposes of the vehicle or parts; or
      (2)   The public agency, if the public agency disposes of the vehicle or parts.
   (D)   The written notice referenced in division (C) should:
      (1)   Indicate that the vehicle or parts have been impounded at a certain location and must be removed within 20 days after the date of mailing of the notice;
      (2)   Advise that the vehicle or parts will be disposed of after that time; and
      (3)   Advise that all costs incurred in the removal and storage of the vehicle or parts are the legal responsibility of the person who owns or holds a lien on the vehicle or parts.
(Ord. 2009-002, passed 1-12-09)
§ 90.21 MEANS OF VEHICLE IDENTIFICATION NOT AVAILABLE; DISPOSAL OF VEHICLE WITHOUT NOTICE.
   If a vehicle or parts are in such a condition that the VIN or other means of identification are not available to determine the person who owns or holds a lien on the vehicle or parts, the vehicle or parts may be disposed of without notice.
(Ord. 2009-002, passed 1-12-09)
§ 90.22 PUBLIC SALE BY BUREAU; NOTICE.
   (A)   This section applies to the Bureau.
   (B)   If the person who owns or hold a lien upon a vehicle does not appear within 20 days after the mailing of a notice as provided in § 90.20, the Bureau shall sell the vehicle or parts to the highest bidder at a public sale.
   (C)   Notice of the sale shall be given under I.C. 5.3-1, except only one newspaper insertion one week before the public sale is required.
(Ord. 2009-002, passed 1-12-09)
§ 90.23 PURCHASERS AT PUBLIC SALE; BILL OF SALE; FEES; ROADWORTHINESS OF VEHICLE.
   (A)   Upon paying the fee for a bill of sale under 1.C. 9-29-7, a person who purchases a vehicle under the § 90.22 shall be furnished a bill of sale for each abandoned vehicle sold by the Bureau or public agency.
   (B)   A person who purchases a vehicle under the preceding § 90.22 must:
      (1)   Present evidence from a law enforcement agency that the vehicle purchased is roadworthy, if applicable; and
      (2)   Pay the appropriate title fee under I.C. 9-29-4 to obtain a certificate of title for the vehicle under I.C. 9-17.
(Ord. 2009-002, passed 1-12-09)
§ 90.24 PAYMENT OF REMOVAL, STORAGE AND DISPOSITION COSTS; COST LIMITS.
   (A)   The costs for removal and storage of an abandoned vehicle or parts not claimed by the person who owns or holds a lien on a the same shall be paid from the abandoned vehicle account established by I.C. 9-22-1-24.
   (B)   The charge payable by the person who is the owner or lien holder of the vehicle or parts for their removal and storage may not exceed the limits found in § 90.27.
(Ord. 2009-002, passed 1-12-09)
§ 90.25 SALES PROCEEDS CREDITED AGAINST REMOVAL, STORAGE AND DISPOSITION COSTS.
   The proceeds from sales of an abandoned vehicle or parts hereunder shall be credited against the costs of the removal, storage and disposal of the vehicle.
(Ord. 2009-002, passed 1-12-09)
§ 90.26 SALES BY BUREAU; PROCEEDS; TRANSFER TO MOTOR VEHICLE HIGHWAY FUND.
   This section applies to sales of abandoned vehicles by the Bureau.
   (A)   The proceeds from the sale of abandoned vehicles or parts shall be deposited in the Abandoned Vehicle Fund to be established by the Bureau after allocation for towing and storage charges.
   (B)   At the end of a state fiscal year, money deposited by the Bureau in excess of $37,000 shall be transferred from the Abandoned Vehicle Fund to the Motor Vehicle Highway Fund.
(Ord. 2009-002, passed 1-12-09)
§ 90.27 ESTABLISHMENT OF PROCEDURES AND ABANDONED VEHICLE FUND.
   (A)   The Town Council hereby establishes certain procedures to carry out this chapter, including the following:
      (1)   The charges allowed for towing (removal) and storage of abandoned vehicles shall be determined by the provider of such services, and such charges shall be filed with the state Bureau of Motor Vehicles.
      (2)   The means of disposition of abandoned vehicles shall be pursuant to the procedures set forth in the proceeding sections of this chapter.
   (B)   The Town Council directs that an Abandoned Vehicle Fund be established for the purposes of this chapter.
(Ord. 2009-002, passed 1-12-09)
Statutory reference:
   For similar state law, see I.C. 9-22-1-30
§ 90.28 REMOVAL OF ABANDONED VEHICLES; ESTABLISHMENT OF PROCEDURES.
   To facilitate the removal of abandoned vehicles or parts, a public agency may employ personnel, acquire equipment, property and facilities, and enter into towing contracts for the removal, storage and disposition of abandoned vehicles and parts.
(Ord. 2009-002, passed 1-12-09)
§ 90.29 EXEMPTIONS FROM LIABILITY.
   The following are not liable for loss or damage to a vehicle or parts occurring during their removal, storage or disposition pursuant to this chapter:
   (A)   A person who owns, leases or occupies property from which an abandoned vehicle or parts are removed;
   (B)   A public agency;
   (C)   A towing service; or
   (D)   An automobile scrapyard.
(Ord. 2009-002, passed 1-12-09)
Statutory reference:
   For similar state law, see I.C. 9-22-1-32
CHAPTER 91: FAIR HOUSING; RENTAL PROPERTIES
Section
Fair Housing Policy
   91.01   Policy
   91.02   Definitions
   91.03   Unlawful practice
   91.04   Discrimination in sales or rentals
   91.05   Discrimination in residential real estate transactions
   91.06   Discrimination in brokerage services
   91.07   Interference, coercion or intimidation; prevention
   91.08   Exemptions
   91.09   Administrative enforcement
Smoke Detectors in Rental Properties
   91.20   Definitions
   91.21   Smoke detectors required
   91.22   Type and placement
   91.23   Provision, installation and maintenance
   91.24   Enforcement
FAIR HOUSING POLICY
§ 91.01 POLICY.
   It shall be the policy of the town to provide, with constitutional limitation, for fair housing throughout its corporate limits as provided for under the Federal Civil Rights Act of 1968, 42 USC 2000a et seq., as amended, the Federal Housing and Community Development Act of 1974, 42 USC 5301 et seq., as amended, and I.C. 22-9.5-1 et seq.
(`93 Code, § 6-120) (Ord. 93-549, passed 1-11-93)
§ 91.02 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGGRIEVED PERSON. Any person who:
      (1)   Claims to have been injured by a discriminatory housing practice; or
      (2)   Believes that the person will be injured by a discriminatory housing practice that is about to occur.
(I.C. 22-9.5-2-2)
   COMMISSION. The Indiana Civil Rights Commission, created pursuant to I.C. 22-9-1-4 et seq.
(I.C. 22-9.5-2-3)
   COMPLAINANT. A person, including the Commission, who files a complaint under I.C. 22-9.5-6.
(I.C. 22-9.5-2-4)
   DISABILITY.
      (1)   With respect to a person:
         (a)   A physical or mental impairment which substantially limits one or more of the person's major life activities;
         (b)   A record of having an impairment;
         (c)   Being regarded as having an impairment; and
         (d)   An impairment described or defined pursuant to the Federal Americans with Disabilities Act of 1990, 42 USC 12101 et seq..
      (2)   DISABILITY shall not include current illegal use of or addiction to a controlled substance as defined in 21 USC 802; nor does the term DISABILITY include an individual solely because that individual is a transvestite.
   DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 91.04 through 91.07 of this code or I.C. 22-9.5-5.
   DWELLING. Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one or more families.
(I.C. 22-9.5-2-8)
   FAMILY. Includes a single individual (I.C. 22-9.5-2-9), with familial status being further defined herein.
   FAMILIAL STATUS. One or more individuals domiciled with an individual younger than 18 years of age in regard to whom the person: either (1) is the parent or legal custodian; or (2) has the written permission of the parent or legal custodian for domicile with that person. The protections afforded against discrimination on this basis of FAMILIAL STATUS shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
(I.C. 22-9.5-1-2)
   PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non- incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers and fiduciaries.
(I.C. 22-9.5-2-11)
   TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises owned by the occupant.
(I.C. 22-9.5-2-13)
(`93 Code, § 6-121) (Ord. 93-549, passed 1-11-93)
§ 91.03 UNLAWFUL PRACTICE.
   (A)   Subject to the provisions of division (B) below, § 91.08 of this chapter and I.C. 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set forth in I.C. 22-9.5-5-1 and § 91.04 of this chapter shall apply to all dwellings, except as exempted by division (B) below and I.C. 22-9.5-3.
   (B)   Other than the provisions of division (C) below, nothing in § 91.04 shall apply to:
      (1)   Any single-family house sold or rented by an owner, subject to the following conditions:
         (a)   The private individual owner does not own more than three single-family houses at any one time;
         (b)   If the owner is a private individual owner not residing in the house at the time of sale or who was not the most recent resident of the house prior to the sale, the exemption shall apply only to one such sale within any 24-month period.
         (c)   The private individual owner may not own any interest in, nor have owned or reserved on his or her behalf, title to or any right to all or a portion of the proceeds from the sale or rental or more than three single-family houses at any one time.
         (d)   The house is sold or rented:
            1.   Without the use in any manner of the sales or rental facilities or services of any real estate broker, agent, salesperson or any person in the business of selling or renting dwellings, or of any employee or agent of any broker, agent, salesperson or person; and
            2.   Without the publication, posting or mailing of a notice of advertisement prohibited in § 91.04(C); but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other professional assistance as necessary to perfect or transfer this title.
      (2)   Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his or her residence.
   (C)   For the purposes of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
      (1)   He or she has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
      (2)   He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
      (3)   He or she is the owner of any dwelling unit designed or intended for occupancy by five or more families.
(`93 Code, § 6-122) (Ord. 93-549, passed 1-11-93)
§ 91.04 DISCRIMINATION IN SALES OR RENTALS.
   As made applicable by § 91.03 and except as exempted by §§ 91.03 and 91.08, it shall be unlawful:
   (A)   To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status or national origin;
   (B)   To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status or national origin;
   (C)   To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status or national origin, or an intention to make any preference, limitation or discrimination;
   (D)   To represent to any person because of race, color, religion, sex, disability, familial status or national origin that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available;
   (E)   For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status or national origin; and
   (F)   (1)   To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
         (a)   That buyer or renter;
         (b)   A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
         (c)   Any person associated with that person.
      (2)   To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of:
         (a)   That person; or
         (b)   A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
         (c)   Any person associated with that person.
      (3)   For purposes of this division, discrimination includes:
         (a)   A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
         (b)   A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling; or
         (c)   In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in a manner so that:
            1.   The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons;
            2.   All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and
            3.   All premises within the dwelling contain the following features of adaptive design:
               a.   An accessible route into and through the dwelling;
               b.   Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;
               c.   Reinforcements in bathrooms to allow later installation of grab bars; and
               d.   Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
            4. Compliance with the appropriate requirements Americans With Disabilities Act of 1990, 72 USC 12131 et seq., and of the American National Standard for buildings and facilities providing accessibility and usability for physically- disabled people (cited as “ANSI A117.1") suffices to satisfy the requirements herein; and
            5.   Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(`93 Code, § 6-123) (Ord. 93-549, passed 1-11-93) Penalty, see § 10.99
§ 91.05 DISCRIMINATION IN RESIDENTIAL REAL ESTATE TRANSACTIONS.
   (A)   It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available a transaction, or in the terms or conditions of a transaction, because of race, color, religion, sex, disability, familial status or national origin.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   RESIDENTIAL REAL ESTATE RELATED TRANSACTION.
      (1)   The making or purchasing of loans or providing other financial assistance:
         (a)   For purchasing, construction, im- proving, repairing or maintaining a dwelling; or
         (b)   Secured by residential real estate.
      (2)   The selling, brokering or appraising of residential real property.
   (C)   Nothing in this subchapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, disability or familial status.
(`93 Code, § 6-124) (Ord. 93-549, passed 1-11-93) Penalty, see § 10.99
§ 91.06 DISCRIMINATION IN BROKERAGE SERVICES.
   It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of access, membership or participation, on account of race, color, religion, sex, disability, familial status or national origin.
(`93 Code, § 6-125) (Ord. 93-549, passed 1-11-93) Penalty, see § 10.99
§ 91.07 INTERFERENCE, COERCION OR INTIMIDATION; PREVENTION.
   (A)   It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by §§ 91.03 through 91.06 herein.
(`93 Code, § 6-126)
   (B)   No person, whether or not acting under color of law, shall by force or threat of force willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with:
      (1)   Any person because of his or her race, color, religion, sex, disability, familial status or national origin and because he or she is or has been selling, purchasing, renting, financing, occupying, contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings;
      (2)   Any person or class of persons because he or she is or has been:
         (a)   Participating, without discrimina- tion on account of race, color, religion, sex, disability, familial status or national origin, in any of the activities, services, organizations or facilities described herein; or
         (b)   Affording another person or class of persons opportunity or protection so to participate; or
      (3)   Any citizen because he or she is or has been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, familial status or national origin, in any of the activities, services, organizations or facilities described in division (B)(1) above, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate.
   (C)   Whoever violates this section shall be subject to the following penalties:
      (1)   A fine of not more than $1,000, or imprisoned not more than one year, or both;
      (2)   If bodily injury results, a fine of not more than $2,500, or imprisoned for not more than ten years, or both;
      (3)   If death results, imprisonment for any term of years or for life.
(`93 Code, § 6-127)
(Ord. 93-549, passed 1-11-93) Penalty, see § 10.99
§ 91.08 EXEMPTIONS.
   (A)   Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter to include those activities or organizations set forth under divisions (B) and (C) below.
   (B)   (1)   Nothing in this subchapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to persons, unless membership in the religion is restricted on account of race, color or national origin.
      (2)   Nor shall anything is this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.
   (C)   (1)   Nothing in this subchapter regarding familial status shall apply with respect to housing for older persons.
      (2)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      HOUSING FOR OLDER PERSONS.
         (a)   Housing provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the State Civil Rights Commission determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or
         (b)   Housing intended for, and solely occupied by, persons 62 years of age or older or intended and operated for occupancy by at least one person 55 years of age or older per unit.
(`93 Code, § 6-128) (Ord. 93-549, passed 1-11-93)
§ 91.09 ADMINISTRATIVE ENFORCEMENT.
   (A)   The authority and responsibility for properly administering this subchapter and for the referral of complaints to the Commission, shall be as set forth herein.
   (B)   Notwithstanding the provisions of I.C. 22-9.5-4-8, the town, because of a lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this subchapter, herein elects to refer all formal complaints of violation of sections of this subchapter to the Indiana Civil Rights Commission (“Commission”) for administrative enforcement actions pursuant to I.C. 22-9.5-6 and the chief elected officer of the town shall refer all complaints to the Commission as provided for under division (A) above for purposes of investigation, resolution and appropriate relief as provided for under I.C. 22-9.5-6.
   (C)   All executive departments and agencies of the town shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this subchapter and shall cooperate with the chief executive officer and the Commission to further the purposes.
   (D)   The chief executive officer of the town or his or her designee, shall provide information on remedies available to any aggrieved person or complainant requesting the information.
(`93 Code, § 6-129) (Ord. 93-549, passed 1-11-93)
SMOKE DETECTORS IN RENTAL PROPERTIES
§ 91.20 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DWELLING. Any building which contains one or more dwelling units or any rooming units, rooms or areas designated or used for sleeping purposes either as a primary use or use on casual occasions. DWELLING shall include rooming houses, hotels, motels, tourist homes, school dormitories and apartment buildings.
   DWELLING UNITS. Any group of rooms located within a building and forming a single housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking or eating.
   OWNER. Any person, firm or corporation who alone or jointly or severally with others:
      (1)   Shall have all or part of the legal title to any dwelling or dwelling units, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling or dwelling unit and a right to present use and enjoyment thereof, including a mortgage in possession; or
      (2)   Shall have charge, care or control of any dwelling or dwelling unit as OWNER, or as executor, administrator, trustee, guardian of the estate or duly authorized agent of the OWNER. Any person thus representing the actual owner shall be bound to comply with the OWNER'S obligations under this subchapter.
   ROOMING UNIT. Any room which is designed or used for sleeping purposes. A ROOMING UNIT may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory or an apartment building which may or may not have some additional facilities for eating or cooking contained therein.
(`93 Code, § 6-20) (Ord. 373, passed 3-28-83)
§ 91.21 SMOKE DETECTORS REQUIRED.
   (A)   Subject to the exceptions and conditions for compliance as stated herein, six months after the effective date of this subchapter, smoke detectors shall be required in all dwellings rented for occupancy.
   (B)   Dwellings meeting the Uniform Building Code, 675 I.A.C. 13-2.3, the standards of the state for smoke detectors shall not be required to install smoke detectors.
(`93 Code, § 6-21) (Ord. 373, passed 3-28-83) Penalty, see § 10.99
§ 91.22 TYPE AND PLACEMENT.
   (A)   In order to comply with this subchapter, only ionization or photo electric type detectors shall be installed.
   (B)   Smoke detectors shall be approved by a nationally recognized testing laboratory. This means that the smoke detector itself and not just the cord shall be labeled.
   (C)   Smoke detectors with power supplies other than a hard wire AC primary power source may be powered by self-monitored batteries or operated from an electrical outlet which is fitted with a plug restraining device, provided that the outlet is not controlled by any switch other than the main power supply.
   (D)   Smoke detectors shall be placed in accordance with applicable National Fire Prevention Association Standards. Detectors may be ceiling or wall-mounted provided that if wall mounted, they shall be within 12 inches but not closer than six inches of the ceiling.
   (E)   In a dwelling unit which contains a well- defined sleeping room separated from the other activity areas of the same unit, the detectors shall be located in the corridors within the unit or interior area giving access to the rooms used for sleeping purposes. Where sleeping areas are separated and/or where a single smoke detector will not adequately service all sleeping areas, there shall be a smoke detector installed adjacent to each sleeping area.
   (F)   In a rooming unit, the smoke detector shall be centrally located on the ceiling.
   (G)   In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke detectors in each dwelling unit or rooming unit, detectors shall be placed in centrally located common areas so that smoke detectors will adequately service all sleeping areas.
(`93 Code, § 6-22) (Ord. 373, passed 3-28-83)
§ 91.23 PROVISION, INSTALLATION AND MAINTENANCE.
   (A)   The owner of the dwelling shall be responsible for supplying and installing in an operable condition the required detector(s) and for providing the manufacturer's testing instructions to a tenant when appropriate.
   (B)   The owner of a dwelling shall be responsible for maintenance and testing of the detectors, in accordance with the manufacturer's instructions, which are located in common areas and/or detectors in dwelling units and/or rooming units where the occupancy of any one tenant is for less than one month.
   (C)   The tenant in any occupancy of one month or more shall be responsible for maintaining and testing the detector(s) in accordance with the manufacturer's instructions, which are within his or her exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner in writing by registered mail when detector(s) shall become inoperable, whereafter the owner has ten days in which to repair or replace the detector(s). In the battery-operated type of detector, replacement shall be the responsibility of the tenant.
   (D)   At every change of tenancy, where the occupancy of any new tenant is of one month or more, it shall be the duty of the owner to test and ascertain that those detectors contained in the unit are in operable condition, and, if not, the owner shall be responsible for placing them in operable condition.
(`93 Code, § 6-23) (Ord. 373, passed 3-28-83)
§ 91.24 ENFORCEMENT.
   (A)   The Fire Department shall be primarily responsible for the enforcement of this subchapter.
   (B)   The Building Inspector shall assist the Fire Department by making referrals to the Department as part of its regular inspection and enforcement of all county building and safety codes.
   (C)   Pursuant to I.C. 36-1-6-2, the Fire Department may enter onto property and take appropriate action to bring the property into compliance within this subchapter. However, before any action to bring compliance is taken, all persons holding a substantial interest in the property must be given written notice of the noncompliance and must be given a reasonable opportunity to bring the property into compliance.
(`93 Code, § 6-22) (Ord. 373, passed 3-28-83)
CHAPTER 92: PARKS AND RECREATION
Section
   92.01   Authority to operate
   92.02   Administration of programs
   92.03   Designation of town parks
Cross-reference:
   Parks and Recreation Board, see §§ 33.020 and 33.021
§ 92.01 AUTHORITY TO OPERATE.
   The town may establish, aid, maintain and operate public parks, playgrounds, and recreation facilities and programs.
(`93 Code, § 5-1)
§ 92.02 ADMINISTRATION OF PROGRAMS.
   The Parks and Recreation Board, as established, shall be responsible for administering programs under the Park and Recreation Law, I.C. 36-10-3-1 et seq.
(`93 Code, § 5-2)
§ 92.03 DESIGNATION OF TOWN PARKS.
   The town operates and maintains Wilkerson Park, located at the corner of Utica and New Albany Street. The Vietnam Veterans Memorial is located within Wilkerson Park.
(`93 Code, § 5-6)
CHAPTER 93: ANIMALS
Section
General Provisions
   93.01   Definitions
   93.02   Restraint required
   93.03   Impoundment of animals in distress
   93.04   Impoundment procedures
   93.05   Rabies vaccination
   93.06   Nuisances
   93.07   Animal bites
   93.08   Humane treatment required
   93.09   Injuring or killing animals prohibited
   93.10   Animals in heat
   93.11   Animal wastes
   93.12   Keeping livestock, fowl and poultry prohibited
   93.13   Bee keeping prohibited
   93.14   Abandonment or dumping prohibited
   93.15   Vicious or dangerous animals
   93.16   Restriction on the right to keep, own or trade in certain species of animals
   93.17   Kennels
   93.18   Guard and sentry dogs
   93.19   Issuance of citations
   93.20   Interference with enforcement prohibited
   93.21   Regulation of possession of vicious or dangerous animals
Chickens, Chicken Coops, and Chicken Runs
   93.30   Definitions
   93.31   Obtaining a waiver and a permit for chicken flocks
   93.32   Inspection
   93.33   Standard for maintaining chicken flocks
 
   93.99   Penalty
Cross-reference:
   Health and Sanitation; Nuisances, see Chapter 95
§ 93.01 DEFINITIONS.
   For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDON. To leave unattended on public or private property, wherein the person cited has no ownership or other legal or equitable interest or right.
   ANIMAL. Any live, vertebrate creature, domestic or wild, including, but not limited to, dogs, cats, and those domesticated animals most often kept and regarded as pets by their owners.
   ANIMAL CONTROL OFFICER. Any person designated by the town as an officer who is qualified to perform the duties required by this ordinance or state statutes regarding animals.
   ANIMAL SHELTER. Any facility operated by the humane society, city, or county government, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this ordinance or state law.
   AT-LARGE. Off the premises of the owner or custodian of the animal or not under the immediate control of the owner or custodian.
   DOMESTIC ANIMAL. Any animal not kept for commercial or business purpose that may be dependent upon humans for food and/or shelter.
   ENCLOSURE. An enclosure is to have four sides, a floor and a roof, none of which leak. There is to be an opening in one side large enough for the animal to enter the shelter. The shelter must be large enough for the animal to stand completely erect without touching the top of the shelter and must allow the animal to turn completely around and stretch out completely when lying down.
   HARBORING. An animal shall be deemed to be harbored if it is fed, watered, or sheltered by a person, business, partnership, or corporation.
   KENNEL. Any establishment or residence where dogs, or other animals, are kept for breeding, boarding, sale, leasing, trading, sporting purposes or any other purposes, for remuneration.
   LIVESTOCK. Horses, stallions, colts, gelding, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burrows, goats, swine, and fur bearing animals raised or held in captivity.
   OWNER. Any person, firm, corporation, organization or department owning, possessing, harboring, or having the care or custody of a domestic, dangerous, or vicious animal in the town.
   OWNER AND "PERSONS OWNING PREMISES." Both the owner of title or record and those occupying or in possession of any property or premises.
   PERSON. An individual, partnership, company or corporation.
   POLICE OFFICER or LAW ENFORCEMENT OFFICER. Any person employed by the state, the county, a city or the town whose duty it is to preserve the peace or to make arrested or to enforce the law.
   PROPER SHELTER. See ENCLOSURE.
   RESTRAINT. Any animal secured by leash or lead, under the control of a responsible person and obedient to that person's commands or within the real property limits of the owner.
   UNCONFINED VICIOUS OR DANGEROUS ANIMAL. A vicious or dangerous animal is "unconfined" if the animal is not securely confined indoors, or confined in a secure enclosure and locked pen, cage, or structure upon the premises of the owner, keeper or harborer of the animal. The pen, structure, or enclosure must have secure sides and a secure sides and a secure top and bottom attached to the sides and the sides must be imbedded into the ground no less than one foot if outside and setting on the ground. All such pens, structures, or enclosures must be adequately lighted and kept clean and sanitary condition.
   VICIOUS AND/OR DANGEROUS ANIMAL. The designated animal control officer and/or law enforcement officer upon personal observation and investigation shall find an animal to be dangerous and/or vicious if:
      (1)   The animal has a known vicious propensity, capability, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals;
      (2)   The animal, without provocation, attacks or bites, attempts to attach or bite, or has attacked or bitten, a human being or domestic animal; or
      (3)   The animal is harbored primarily or in part for the purpose of animal fighting, or is trained for animal fighting.
(Ord. 99-715, passed 4-12-99; Am. Ord. 2017-OR-008, passed 4-24-17)
§ 93.02 RESTRAINT REQUIRED.
   (A)   No person owning or having charge of any dog shall cause or allow said dog to run at large upon any public place or upon any private property other than that of the owner. All dogs or animals shall be kept under restraint.
   (B)   Restraint by leash, chain, or collar; specifications.
      (1)   It is prohibited to exclusively restrain a dog or puppy by a fixed-point chain, tether, or trolley for a period of time exceeding two hours in an eight-hour period unless accompanied by a competent person. A "competent person" is defined as a person, who, by reason of age and physical ability and training, is capable of maintaining control of an animal to the extent required by this ordinance.
      (2)   A dog may be temporarily restrained by a chain or tether provided that it is at least 12 feet in length and is kept untangled as to allow the animal full access of the length of the chain or tether.
      (3)   Any tethering system employed shall not allow the dog or puppy to leave the owner's property or jump/lean over a neighbors' fence or property line.
      (4)   No chain or tether shall weigh more than 1/8 of the dog or puppy's body weight.
      (5)   Any chain or tether must be attached to a property fitting collar or harness worn by the animal.
      (6)   All collars used for the purpose of chaining or tethering an animal must be made of nylon, leather, or other durable and non-metallic material. Using a chain, choke, or pinch collar as a primary collar is prohibited.
      (7)   All collars shall fit an animal so as to avoid causing injury to the animal or becoming imbedded in the animal's neck.
(Ord. 99-715, passed 4-12-99; Am. Ord. 2017-OR-008, passed 4-24-17) Penalty, see § 10.99
§ 93.03 IMPOUNDMENT OF ANIMALS IN DISTRESS.
   (A)   (1)   This section provides a means by which neglected, abandoned, mistreated animals or animals treated in a non-humane manner can be removed and impounded for their protection and taken to an animal shelter for proper care.
      (2)   This section covers all instances of neglect, abandonment, mistreatment or treatment in a non-humane manner including those offenses under I.C. 35-46-3-7 concerning abandonment or neglect of vertebrate animals and I.C. 35-46-3-12 regarding torture or mutilation of a vertebrate animal.
   (B)   The Town Council hereby adopts the provisions of I.C. 35-46-3-6 as it concerns the impoundment of animals, probable cause hearing, penalties and award of custody of animals.
   (C)   Any law enforcement officer or animal control officer may lawfully take custody of any animal found abandoned or in distress, upon public or private property by removing the animal from its present location and taking the animal to an animal shelter for proper protection and care.
   (D)   The owner, keeper, or harborer of such animal impounded shall be responsible for any costs and fees associated with the pick-up and boarding required by an animal control shelter.
   (E)   Any such animal taken into custody under this section shall be held by the animal control shelter for the same length of time as if the animal was a stray.
(Ord. 2001-006, passed 3-12-01)
§ 93.04 IMPOUNDMENT PROCEDURES.
   (A)   Unrestrained domestic animals shall be taken by an animal control officer, and impounded in the animal shelter and there confined in a humane manner.
   (B)   (1)   Animals without identification shall be impounded for three days, unless reclaimed by their owner sooner. Animals with identification shall be impounded for five days, unless reclaimed by their owner sooner. If, by license tag or other means, the owner of an impounded animal can be identified, an attempt shall be made to contact the owner by telephone. Animals not claimed by their owners within the above time limits, or placed in a suitable new home, shall be humanely euthanized.
      (2)   Domestic animals that are sick or injured may be humanely euthanized prior to the above time limits by an animal control officer or his or her agent.
   (C)   An owner reclaiming an impounded animal the first, second, third or subsequent time the animal is impounded shall pay to the animal shelter the appropriate impoundment fee currently assessed by said shelter, in addition to the other regular fees charged by the animal shelter.
      (1)   The owner shall be responsible for all other fees imposed by the animal shelter, such as a pick up fee, daily boarding fee, and rabies voucher fee.
      (2)   An owner reclaiming an impoundment animal must pay all fees as assessed by the animal shelter to which the animal has been taken for impoundment.
   (D)   (1)   Proof of vaccination for rabies and a current dog or cat license shall be required from the owner before any dog or cat is released from the animal shelter to his or her owner.
      (2)   If no proof of vaccination is shown, a rabies voucher must be purchased by the owner and shown to the animal shelter operator within ten days of release of the dog or cat.
      (3)   If a current dog or cat license is not produced by the owner at the time of redemption, the redemption shall be delayed until the owner produces a current dog/cat license for the dog or cat sought to be released.
   (E)   All fees set forth herein under this section are subject to change by the county animal shelter.
(Ord. 99-715, passed 4-12-99; Am. Ord. 2005-037, passed 12-19-05)
§ 93.05 RABIES VACCINATION.
   (A)   (1)   A person who owns, keeps or harbors a dog, cat or ferret three months of age or older, shall be required to have the animal(s) vaccinated against rabies each calendar year.
      (2)   Each vaccination must be performed by a licensed veterinarian with a vaccination certificate being issued with the rabies vaccination tag.
   (B)   The owner must hold in possession the certificate of rabies vaccination, and the certificate must be shown to an officer upon request. The rabies tag must be readily visible on the animal at all times.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.06 NUISANCES.
   Each owner shall exercise proper care and control of his or her domestic animal so as to prevent the following:
   (A)   Molesting of passers-by;
   (B)   Chasing of passing vehicles;
   (C)   Attacking other domestic animals;
   (D)   Trespassing upon private property or school grounds;
   (E)   Damaging private or public property;
   (F)   Habitual barking or loud and continued noise which causes serious annoyance or disturbance to the neighborhood; and
   (G)   Unnecessary foul or noxious odors which offend people in the neighborhood.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
Cross-reference:
   Animal nuisances, see § 95.12
§ 93.07 ANIMAL BITES.
   (A)   If any person or animal is the victim of an animal bite, the victim or a witness shall immediately notify the County Health Department or its designee of the incident, and provide a description of the animal and the identification, if possible, of the owner. When an animal is determined to have bitten a person or another animal, the animal shall be confined, in quarantine, for a period of ten days, with the exact duration subject to the judgment of the county health officer or his or her designee.
   (B)   If the owner of the biting animal has proof of current rabies inoculation, the animal may be left in the charge of the owner under quarantine, unless in the judgment of the County Health Officer, it should be removed to an animal shelter or veterinary hospital for the period of observation.
   (C)   The owner shall be liable for costs incurred in the quarantine of the animal and for any personal and property damage committed by the incident.
   (D)   If the ownership of the biting animal cannot be determined; if the owner does not furnish proof of current rabies inoculation; or if the owner fails to securely confine the animal as required, the animal shall be impounded for the period of observation.
(Ord. 99-715, passed 4-12-99)
§ 93.08 HUMANE TREATMENT REQUIRED.
   (A)   No owner shall fail to provide his or her animals with good and wholesome food, water, proper shelter, protection from the weather, veterinary care when needed to (prevent suffering) and with humane care and treatment.
   (B)   No person shall knowingly expose any known poisonous substance or toxic chemical so that the same be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose, on his or her property, common rat poison mixed only with vegetable substance.
   (C)   (1)   It shall be unlawful for any person, partnership, corporation or other entity to display, sell, offer for sale, trade or barter, or knowingly give away any diseased animal, or allow any diseased animal that is affected with a contagious disease to be exposed in any place of public access.
      (2)   This is not meant to interfere with the daily operation of an animal shelter or veterinary clinic.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.09 INJURING OR KILLING ANIMALS PROHIBITED.
   (A)   No person shall intentionally or maliciously beat, torture, injure or kill any animal by administering poison, by means of a deadly weapon or other dangerous device, except as provided in § 93.15.
   (B)   It is a defense to an alleged violation of this section for the defendant to prove by the preponderance of evidence, that the wrongful conduct alleged of him or her was reasonably necessary to prevent death or injury to humans or to prevent a seriously injured animal from prolonged suffering.
   (C)   Nothing contained herein shall limit the animal control authority to take whatever action is reasonably necessary to deal with a sick or injured animal.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.10 ANIMALS IN HEAT.
   Every female animal in heat shall be confined in a building or secure enclosure in the manner that the female cannot come into contact with another animal except for planned breeding.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.11 ANIMAL WASTES.
   The owner of every animal shall be responsible for the immediate removal of any excreta deposited by their animals on public property or on the private property of others.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.12 KEEPING LIVESTOCK, FOWL AND POULTRY PROHIBITED.
   It shall be unlawful for any person to keep or harbor any livestock or fowl and/or poultry within the town limits, unless special permission is obtained from the Town Council.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.13 BEE KEEPING PROHIBITED.
   The keeping, raising or maintaining of bees and/or bee hives in the town is prohibited, unless special permission is obtained from the Town Council.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.14 ABANDONMENT OR DUMPING PROHIBITED.
   (A)   Any person who is observed dumping, releasing or otherwise depositing a domestic or wild animal, which is under that person's control, within the boundaries of the town shall be deemed to have committed a violation hereunder.
   (B)   Each person who commits an act in violation of this section shall be liable for a fine for each animal dumped, abandoned or otherwise deposited within the boundaries of the town.
   (C)   Any person who is observed or caught violating the provisions shall be subject to issuance of a citation by an animal control officer of the town, or an officer of the Police Department.
   (D)   Persons properly depositing animals with the animal shelter in accordance with the rules and regulations established for the facility shall not be subject to the provisions of this section.
(Ord. 99-715, passed 4-12-99)
§ 93.15 VICIOUS OR DANGEROUS ANIMALS.
   (A)   (1)   Whenever an animal control officer or police officer determines upon incident, personal observation and investigation that an animal is a vicious/dangerous animal as defined herein, the officer shall notify the owner or any person having custody or control of the vicious or dangerous animal in writing and shall give a seven-day notice to comply with this section. Each day past the seven-day compliance allowance that the owner or keeper does not comply constitutes a separate offense.
      (2)   If the owner or keeper wishes to contest the compliance notice, he or she must submit a written defense to the Town Council though the Clerk/Treasurer's office within the seven-day allowance time.
   (B)   No person shall allow any vicious/dangerous animal to be on any private or public property, other than the animal owner's or keeper's property, unless the animal is securely muzzled and leashed or caged.
   (C)   Adequate safeguards shall be taken to prevent unauthorized access to a vicious/dangerous animal on the owner's or keeper's property.
   (D)   Any person owning or keeping an animal which has the propensity to attack without provocation or has been determined to be vicious/dangerous animal shall provide an adequate enclosure as defined herein. Each owner or keeper shall display a “Beware” sign on his or her property or premises warning that there is a dangerous animal on the premises.
   (E)   Any owner or keeper of a vicious/dangerous animal shall notify the Police Department and animal control immediately upon discovering that a vicious/dangerous animal has escaped and/or is at large.
   (F)   If any vicious/dangerous, ferocious animal found at large cannot be safely caught and impounded, the animal control or law enforcement officer shall use the force necessary up to including destruction of the animal.
   (G)   An animal shall not be deemed vicious/ dangerous solely because it bites, attacks or menaces:
      (1)   Anyone assaulting its owner or keeper;
      (2)   Any person or animal who has tormented or abused it;
      (3)   While defending its young or the young of another animal; and
      (4)   While defending its property from a person which the animal believes has entered its property with obvious malicious intent.
   (H)   This section shall not apply to any animal which is employed or owned by the Police Department or government entity or any animal which has been certified either nationally or by the state for use in law enforcement, provided that the animal is in the possession of a law enforcement officer or in the hands of the certified trainer.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.16 RESTRICTION ON THE RIGHT TO KEEP, OWN OR TRADE IN CERTAIN SPECIES OF ANIMALS.
      (A)   Prohibited animals and reptiles. It shall be unlawful for any person, group of persons, business, partnership, or corporation to keep, maintain, trade in, or have in his/her possession or under his/her personal control within the corporate boundaries of the town any reptile or animal of a species not ordinarily domesticated that is carnivorous and/or is capable of inflicting serious harm or death to human beings, including but not limited to, the following: bears, lions, tigers, leopards, wolves, wolverines, badgers, skunks, elephants, rhinoceroses, cougars, primates, prairie dogs, foxes, alligators and crocodiles.
(`93 Code, § 6-80)
   (B)   Enforcement of penalties.
      (1)   The animal control officer ("enforcement officers") or an officer of the town Police Department are authorized to enforce this section in the incorporated areas of the town by the issuance of a citation for violation in a form prescribed by animal control officer or officer of the Police Department and approved by the Town Council. If any officer of the town Police Department or any enforcement officer witnesses a violation of this section or, upon a consideration of the totality of circumstances confronting an enforcement officer at the time he/she responds to a complaint hereunder, has reasonable cause to believe that a violation of this section has occurred within the preceding 12 hours, such enforcement officer shall issue a citation to the person alleged to have violated this section.
      (2)   The person(s) or entity receiving a citation described in subsection (1) shall be required to appear on a designated date and time in the Sellersburg Town Court for a hearing upon such citation.
      (3)   Absent the dismissal described in subsection (2) above, the Court shall conduct a hearing upon the alleged violation of this section. The attorney for the Town Council is authorized to civilly represent the town in such hearing. If the Court finds, at the conclusion of all the evidence by a preponderance of evidence, that this section has been violated, the Court shall enter the following judgment and orders:
         (a)   An order of seizure and confinement and/or disposal of the animals with costs for same assessed against the party violating this section;
         (b)   In conjunction with the above, a civil fine of not less than $150, nor more than $2,500 may be assessed against the violating party;
         (c)   In conjunction with the above, the Court shall enter judgment against the violating party for court costs in such sums as are determined by the Court.
(`93 Code, § 6-81)
   (C)   Mounted or stuffed animals exempt. This section applies only to live animals and does not intend in any way to regulate mounted or stuffed animals nor in any way regulate the practice of taxidermy.
(`93 Code, § 6-82)
(Ord. 92-530, passed 5-26-92; Am. Ord. 2005-037, passed 12-19-05)
Statutory reference:
   Endangered Species Act of 1969, see Public Law 135-91
§ 93.17 KENNELS.
   (A)   All kennels as defined herein shall in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for issuance of a citation subjecting the owner or owners to the penalties herein provided. Facilities shall be subject to inspection by any inspector to be appointed by the Town Council.
   (B)   (1)   The appointed inspector shall inspect each kennel in the town semi-annually. Each kennel owner shall be charged an inspection fee of $20 for each inspection which shall be payable within ten days after the inspection.
      (2)   Any deficiencies on the part of the kennel owner or owners shall be corrected within ten days after the inspection. If a re-inspection is warranted, there shall be no additional charge.
   (C)   In addition to any kennel fee required by the State of Indiana or Clark County, each kennel owner shall purchase a kennel license from the town at the Town Clerk-Treasurer's office at a cost of $50 annually. The license must be purchased or renewed in January of each year.
   (D)   Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of a material to permit proper cleaning and disinfecting.
   (E)   Building temperature shall be maintained at a comfortable level. Adequate ventilation shall be maintained.
   (F)   Each animal shall have sufficient space to stand up, lie down and turn around in a natural position without touching the sides or the top of the cages.
   (G)   Cages are to be of material and construction that permit cleaning and sanitizing.
   (H)   Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.
   (I)   Runs shall provide an adequate exercise area and protection from the weather. Runs shall have an impervious surface.
   (J)   All animal quarters and runs are to be kept clean, dry and in a sanitary condition.
   (K)   The food shall be free from contamination, and shall be wholesome, palatable and/or of sufficient quantity and nutritive value to meet the normal daily requirements for the conditions and size of the animal.
   (L)   All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and be of the removable type.
(Ord. 99-715, passed 4-12-99; Am. Ord. 2005-037, passed 12-19-05) Penalty, see § 10.99
§ 93.18 GUARD AND SENTRY DOGS.
   (A)   Any kennel shall, in addition to the other requirements of this chapter, comply with the standards of this section for any dog trained as a guard or sentry dog.
   (B)   Failure of the kennel owner or operator to meet these standards shall be grounds for the issuance of a citation subjecting the owner or operator, or both, to the penalties hereinafter provided.
   (C)   (1)   Runs must have at least eight-foot high fences completely surrounding them to which are to be added anti-climbers or a completely-covered top.
      (2)   All gates and entrances to the runs, kennel and training area must be kept locked when not in use.
      (3)   A perimeter fence of a least eight feet in height must be installed to encircle the training and kennel area to which are to be added anti-climbers. Fences must be maintained escape proof.
      (4)   A dog in training as a guard or sentry must be confined at all times to its kennel or run or training area unless he or she is under the control of his or her handler.
      (5)   Any individual involved in training guard or sentry dogs must have completed a recognized course to qualify for giving the training or be able to demonstrate equivalent experience in giving the training.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99
§ 93.19 ISSUANCE OF CITATION.
   (A)   In lieu of impounding an animal found at large (not in restraint), the animal control officer, law enforcement officer or other authorized person, may issue to the animal owner a citation specifying the section or sections of this chapter violated and an indication of the specific nature of the violation(s). If authorized on the citation as a payable citation and the violator wishes to admit to the violation(s), the violator shall pay a $35 fine for each citation issued.
   (B)   If the violation is an animal running at large which is not spayed or neutered, the fine for each citation shall be $70. Proof of the animal being spayed or neutered shall be required to avoid the imposition of the $70 fine. All citation fines shall be payable to the Clerk/Treasurer within 30 days of issuance.
   (C)   All fines imposed in this chapter shall be paid to the general fund of the town.
   (D)   If the issued citation is not payable as set forth in divisions (A) and (B) above, or if the alleged violator contests or denies the violation, the animal control officer, law enforcement officer, or other authorized person shall file the citation in the town court and assign a date and time for the alleged violator to appear in court for further legal proceedings.
   (E)   An animal control officer, police officer or other authorized person is authorized to write and issue citations under this chapter.
(Ord. 99-715, passed 4-12-99; Am. Ord. 2005-037, passed 12-19-05)
§ 93.20 INTERFERENCE WITH ENFORCEMENT PROHIBITED.
   No person shall in any manner interfere with, hinder, molest, threaten or abuse any officer or individual authorized to enforce the provisions of this chapter.
(Ord. 99-715, passed 4-12-99)
§ 93.21 REGULATION OF POSSESSION OF VICIOUS OR DANGEROUS ANIMALS.
   (A)   Determination and designation. A Town of Sellersburg Animal Control Officer ("Animal Control Officer"), Town of Sellersburg Police Officer ("Police Officer"), or Town of Sellersburg Code Enforcement Officer ("Code Enforcement Officer") may determine upon personal observation and investigation that an animal is vicious and/or dangerous animal as defined by this chapter.
      (1)   Should the Animal Control Officer, Police Officer, or Code Enforcement Officer determine an animal to be vicious or dangerous, the officer shall notify the owner or any person having custody or control over said vicious/dangerous animal in writing, a copy of which shall be filed with the Town Clerk-Treasurer's Office. If said custodial person or person harboring the animal is not the owner of the property, said property owner shall also be notified.
      (2)   The owner or the person having custody or control of said vicious/dangerous animal may appeal the determination to the Town Council of Sellersburg provided said appeal is made in writing to Animal Control within ten days. The Town Council shall conduct a hearing providing the owner or the person having custody or control of said vicious/dangerous animal an opportunity to present evidence at which time the Town Council shall decide whether the officer's determination was warranted. The animal in question shall remain in the custody of Animal Control pending the appeal at the costs of the owner or the person having the custody or control of said vicious/dangerous animal.
   (B)   Registration of vicious or dangerous animal. Upon proper written notification by a Police Officer, Animal Control Officer, or Code Enforcement Officer, to the owner of an animal that said animal is deemed vicious or dangerous, the owner of the animal is required to register the animal with the Sellersburg Police Department within seven days. The owner of said vicious or dangerous animal is also required to provide to the Sellersburg Police Department within 14 days of notification that said owner's insurance company has been notified that a vicious or dangerous animal is being kept on the premises. If the owner of the vicious or dangerous animal is not the owner of the property, the Police Officer, Animal Control Officer, or Code Enforcement Officer will notify the property owner as well as the property owners insurance company.
   (C)   Confinement.
      (1)   No person shall allow any vicious or dangerous animal to be on any private or public property, other than the animal's owner or keeper's property, unless such animal is securely muzzled and leashed or caged. Adequate safeguards shall be taken to prevent unauthorized access to any vicious or dangerous animal on the owner's property by persons lawfully on the property.
      (2)   No vicious or dangerous animal may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such vicious or dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure.
      (3)   The owner of a domestic or vicious animal shall not suffer or permit the animal to go unconfined.
      (4)   Any owner or keeper of an animal that has been determined to be vicious or dangerous shall confine said vicious or dangerous animal in a fenced-in yard with a lock gate. Said fence shall have such sufficient height so as to prevent the animal from escaping. In lieu of a fenced yard, the owner of the animal shall keep said animal in a locked pen or cage. Said pen or cage shall have secure sides and a secure top and bottom attached to the sides and the sides must be imbedded into the ground no less than one foot if outside and sitting on the ground. Any owner or keeper of an animal determined to be vicious or dangerous shall have seven days to comply with these confinement provisions. For each day after the seventh day, the owner, or keeper of said animal shall be fined. If the owner of said animal is not the owner of the property on which the vicious or dangerous animal is located, the owner of the property is also subject to the same fine.
   (D)   Leash and muzzle. The owner of a domestic or vicious animal shall not suffer or permit the animal to be outside of the owner's structure, where the animal may come into contact with a child, unless the animal is securely muzzled and restrained in a cage, chained, by a leash or chain, and is under the physical restraint of a person. The muzzle shall be made in a manner so as not to cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or other animal.
   (E)   Signs. The owner of a vicious or dangerous animal shall display in a prominent place on his or her premises a clearly visible warning sign (i.e. "DANGER VICIOUS ANIMAL") indicating that there is a vicious or dangerous animal on the premises. A similar sign is required to be posted on the pen or kennel of the animal, The lettering on the sign shall be in all capital letters, a minimum of six inches in red on a white background.
   (F)   Insurance. Owners of vicious or dangerous animals, as determined above, must within 14 days of said determination, provide to the Sellersburg Police Department proof of liability insurance in the amount of at least of $150,000, insuring the owner, keeper, or harborer of said vicious or dangerous animal for any personal injuries inflicted by his/her vicious/dangerous animal. If the owner of the animal is not the owner of the property, the owner of the property must also provide the same proof and level of liability insurance.
   (G)   Cropping of ears or tails. No person shall crop a dog's ears or tail, except for a veterinarian.
   (H)   Poisons. No person shall place an poisonous substance which may be harmful to any domestic animal, livestock, poultry or community cats, as described herein, in any location where it may be readily found and eaten by such animal.
   (I)   Removal of animal in immediate danger. Any animal observed by a Police Officer, Code Enforcement Officer, or Animal Control Officer to be in immediate danger may be removed from such situation by the quickest and most reasonable means available.
   (J)   Abandonment. Any animal found not under restraint without a license, vaccination tag, a chip, or any animal found in a condition which requires immediate veterinary care, shall be presumed to be abandoned and may be seized. Notice of seizure of an animal from property shall be posted on the premises from which the animal was seized which notice shall clearly state the address and telephone number of the facility to which the animal was taken.
   (K)   Interference with enforcement prohibited. No person shall release or attempt to release an animal from Jeffersonville Animal Shelter or a humane trap which belongs to the Jeffersonville Animal Shelter facility.
(Ord. 2017-OR-008, passed 4-24-17)
CHICKENS, CHICKEN COOPS, AND CHICKENS RUNS
§ 93.30 DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHICKEN. Gallus gallus domesticus, a domestic bird typically kept on a farm. This definition does not include other fowl, such as, but not limited to, peacocks, turkeys, or waterfowl.
   CHICKEN COOP. An enclosed structure for housing chickens that provides shelter from the elements.
   CHICKEN FLOCK. One chicken or a group of two or more chickens which:
      (1)   Contains no more than five hens and no roosters;
      (2)   Is issued a permit by the Town of Sellersburg Commissioner of Buildings and Code Enforcement;
      (3)   Is not otherwise permitted by the Town of Sellersburg Municipal Code as the same may be hereafter amended or replaced; and
      (4)   Resided in an area zoned R-l.
   CHICKEN RUN. An enclosed outside yard for keeping chickens.
(Ord. 2014-010, passed 5-12-14)
§ 93.31 OBTAINING A WAIVER AND A PERMIT FOR CHICKEN FLOCKS.
   Except as provided in this subchapter it shall be unlawful for any person to harbor chickens in all zone areas. Exceptions areas zoned A. Persons wishing to harbor a chicken flock in an area zoned R-l shall obtain both a waiver and a permit. Permits shall not be issued in all other zoned areas other than R-l.
   (A)   Waiver. All persons wishing to harbor a chicken flock shall obtain written waivers by all owners of adjacent lots indicating that the owner does not oppose the harboring of chicken flocks at the applicant's address and therefore waives the prohibition of this chapter. An adjacent lot is one whose boundary line touches the boundary line of applicant's lot, or is separated from the applicant's lot only by an intervening alley or other right-of-way, but does not include lots with an intervening right-of-way classified as a neighborhood street or higher on the town's master thoroughfare plan. All waivers shall be in a form provided by the town.
      (1)   Where an applicant receives waivers from all owners of all adjacent lots and complies with all other requirements of this subchapter for chicken flocks, the applicant shall be permitted to replenish the chicken flock upon the death or loss of any chicken;
      (2)   An applicant who harbored chickens on May 1, 2014 may obtain a permit pursuant to division (B)(5) of this section without obtaining waivers hereunder, and the applicant will thereby be permitted to retain a chicken flock but shall not replace any chicken upon its death or loss. Should such applicant subsequently obtain waivers from all owners of all adjacent lots, then this class of harborers shall be allowed to replenish his or her flock pursuant to division (A)(1) about; and
      (3)   The written waiver as provided in division (A) of this section is effective when it is filed with the Town of Sellersburg Commissioner of Buildings and Code Enforcement and shall expire five years from its effective date.
   (B)   Permit.
      (1)   Applications for a permit to harbor a chicken flock shall be made by the owner of the property to the Town of Sellersburg Commission of Building and Code Enforcement and shall include:
         (a)   The name, address, and telephone number of the applicant;
         (b)   The description (breed, sex, age and coloration) of each chicken in the chicken flock;
         (c)   The address where the chicken flock is to be harbored, and the zoning district in which such address is located (which must be a district listed in division (4) of the definition of "chicken flock" of this subchapter); and
         (d)   A statement indication whether the applicant has ever been convicted of the offense of cruelty to animals.
      (2)   The permit to harbor chicken flock shall not be transferable to another person or to another location;
      (3)   No applicant shall harbor more than one chicken flock within the town;
      (4)   If the applicant withholds or falsifies any information on the permit application, no permit shall be issued and any permit previously issued on false or withheld information shall be revoked;
      (5)   An application for a permit shall be made prior to the harboring of any chickens or the creation of any chicken flock, except where the applicant harbored chickens on May 1, 2013 in which case the harborer shall submit an application for a permit no later than 90 days after the effective date of the ordinance codified in this chapter. Where the applicant harbored chickens on May 1, 2013, the applicant must reduce his or her flock to no more than five hens and no roosters, and comply with all other requirements of this subchapter pertaining to chicken flocks within 90 days from the effective date of the ordinance codified in this chapter. A person who harbored chickens on May 1, 2013 but fails to apply for a permit within this timeline shall have not entitlement to continue to harbor any chicken unless and until such person meets all requirements of this section for this section for chicken flocks and obtains a permit for same;
      (6)   All permits shall be conditioned upon a passing inspection by the Town of Sellersburg Commission of Buildings and Code Enforcement or their designees and compliance with this chapter; and
      (7)   The Town of Sellersburg Commission of Buildings and Code Enforcement may refuse to grant or renew a permit and may revoke a permit if applicant/harborer is unable to maintain his or her flock so as to not create a nuisance, as evidenced by three substantiated violations of this chapter within 12 consecutive months.
   (C)   No person previously convicted of cruelty to animals or the equivalent shall be registered or issued a permit without prior review by the Animal Control Commission.
(Ord. 2014-010, passed 5-12-14)
§ 93.32 INSPECTION.
   It shall be a condition to the issuance of any permit required by this chapter that:
   (A)   The Town of Sellersburg Commissioner of Buildings and Code Enforcement and/or their designees shall be permitted to inspect the structure and/or premises wherein a kennel is maintained (or believed to be maintained) and all animals located thereon where such animals are harbored.
   (B)   All reports of such inspections shall be in writing and maintained by the Town of Sellersburg Commission of Buildings and Code Enforcement.
   (C)   The Town of Sellersburg Commissioner of Buildings and Code Enforcement, and/or their designees are authorized to enter the structure or premises wherein a kennel is maintained (or believed to be maintained) at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures.
   (D)   If the owner of those in possession of a structure or premises wherein a flock is maintained (or believed to be maintained) refuse inspection of the flock, the Town of Sellersburg Commission of Buildings and Code Enforcement, and/or their designees may obtain an inspection warrant from any court of record in the county in which the flock is located in order to determine if the flock is maintained in accordance with this subchapter.
(Ord. 2014-010, passed 5-12-14)
§ 93.33 STANDARDS FOR MAINTAINING CHICKEN FLOCKS.
   (A)   All harborers of chicken flocks shall:
      (1)   Operate in such a manner so as not to constitute a public nuisance or disturb neighboring resident due to noise, order or damage;
      (2)   Operate in such a manner so as to not pose a threat to public health. Harborers shall isolate chickens which are sick or diseased so as to not endanger the health and well-being of other animals or humans. When necessary for the protection of the public health and safety, the director of animal care and control may require the specified animal be kept or confined in a secured enclosure. This provision is subordinate to any, local, state or federal code governing the treatment of chickens in the event of a threat to human health;
      (3)   Comply with all of the provisions of town's Code regarding general animal care;
      (4)   Not slaughter chickens on harborer's property;
      (5)   Keep all chickens completely and securely enclosed and under the control of the harborer on the harborer's property at all times;
      (6)   Provide both a chicken coop and attached chicken run that afford a combined 12 square feet per chicken;
      (7)   Provide a chicken coop that affords shelter from the elements;
      (8)   Provide a chicken coop and attached chicken run that, combined, provide adequate ventilation and adequate sun and shade and that are both impermeable to rodents, wild birds and predators, including dogs;
      (9)   Provide chickens with access to feed and clean water at all times, such feed and water shall be unavailable to rodents, wild birds and predators;
      (10)   Provide adequate safeguards to prevent unauthorized access to the chickens by members of the public; and
      (11)   Keep the chicken coop, chicken run, and surrounding area free from trash and accumulated droppings. The harborer shall dispose of chicken waste and uneaten feed in a timely manner.
   (B)   The chicken coop and chicken run shall:
      (1)   Provide a sight fence or shrub screening of at least four feet in height around both coop and run if visible to occupants of neighboring lots;
      (2)   Be located at least 20 feet from any building not owned or occupied by the harborer, that is used or capable of being used for human habitation; and
      (3)   Be located at least 12 feet from the property line of any neighboring lot.
   (C)   All chicken coops and chicken runs shall comply with the requirements for accessory structures outlined in the Town of Sellersburg Zoning and Building Codes as the same may be hereafter amended or replaced.
(Ord. 2014-010, passed 5-12-14)
§ 93.99 PENALTY.
   Any person violating any provision of this chapter for which a specific penalty is not provided shall, upon conviction, be fined in the sum of not more than $2,500 plus court costs.
(Ord. 99-715, passed 4-12-99; Am. Ord. 2005-037, passed 12-19-05)
CHAPTER 94: STREETS AND SIDEWALKS
Section
Street Excavations
   94.01   Permit required
   94.02   Application; form
   94.03   Liability assumed by applicant
   94.04   Standards for completion and approval
   94.05   Compliance required
   94.06   Fees
   94.07   Responsibilities of applicant
   94.08   Specifications
   94.09   Failure to obtain permit
Median Solicitation/Roadblocks
   94.20   Definitions
   94.21   Solicitation activity regulated
   94.22   Enforcement
Installation of Speed Humps/Bumps in Neighborhoods
   94.35   Standards and requirements
 
   94.99   Penalties
Cross-reference:
   Burning prohibited on streets and alleys, see § 95.30
   Horses on sidewalks, see § 130.02
   Littering, see § 130.01
   Weeds; grass and rank vegetation, see §§ 95.45 through 95.51
STREET EXCAVATIONS
§ 94.01 PERMIT REQUIRED.
   (A)   Permit requirement. Any and all work in the right-of-way ("ROW") that is not included in the limits of an otherwise permitted construction project shall require a permit from the Town Engineer or this Council's designee. A project that requires and does not have a ROW permit shall be subject to a stop work order and fee of $400. Any work completed after the stop work order is delivered shall incur a fee of $500 per day which shall be satisfied before the permit is issued.
   (B)   Lane restriction(s) and temporary road closure(s). Any ROW permit requiring lane restrictions or temporary road closures shall require the contractor to supply a traffic maintenance plan per INDOT traffic control standards and in compliance with the Indiana Manual on Uniform Traffic Control Devices with the application to the Town Engineer or the Council's designee by email no later than ten days prior to the lane restriction activity
   (C)   Backfill. All ROW excavation within five feet of the right-of-way shall be backfilled with flowable fill or any other suitable material as directed by the Town Engineer or the Council's designee.
   (D)   Asphalt pavement. Asphalt pavement shall be neatly saw cut on each side two feet wider than the trench opening. The pavement and base material shall be replaced according to the specifications set forth by the Town Engineer. All seams must be cleaned and tack-coated to provide a seamless joint to the surrounding pavement. No cold patch shall be used except for temporary patching which will be maintained by the contractor for the duration until HMA pavement can be installed.
   (E)   Concrete paving. Concrete pavement shall be neatly saw cut and the whole disturbed panel shall be removed and replaced. There will need to be at least two feet of undisturbed soil on each side of the excavation to allow the concrete patch to bridge the excavation. The new concrete patch shall be installed using Class A concrete. The finish is to match the existing finish of the surrounding pavement. All concrete patches shall be treated with a curing compound.
   (F)   Ditches. Ditches disturbed by excavating shall be properly graded, seeded and blanketed to allow for positive drainage. The blanket needs to be approved by the Town Engineer.
   (G)   Grass. Grass areas that are disturbed shall have a minimum of six inches of aggregate free soil installed and seeded (equal to or better than existing grass). The stabilization needs to be completed within 14 days from the date of completion of the install and/or repair.
   (H)   Final inspection. Upon the completion of all installations or repairs, the application is required to schedule a final inspection with the Town Engineer. If all work and stabilization is completed to the sole satisfaction of the inspector and stabilization has been maintained for no less than 21 days, the inspector shall sign off on the release of the permit. The release of the permit does release the contractor from the settling and germination requirements of 70% germination.
   (I)   Right to withhold release. If the inspector deems the craftsmanship or quality of work to be questionable, the town reserves the right to withhold the release for up to one year from the date of final inspection.
   (J)   Larger surety. The town reserves the right to require a larger surety if unusual conditions exist which may dictate higher than usual damages.
   (K)   Responsibility of work. The town shall hold the applicant directly responsible for all work performed under the permit.
   (L)   Notification. The Town Engineer's office shall be notified a minimum of four hours prior to starting all pavement repairs so that an inspector may observe the placement of the new patch material. Failure to notify the Town Engineer shall result in removal and replacement of such material with applicant responsible for the costs. Hours for this inspection shall occur during regular business hours.
   (M)   Liability. The application shall indemnify, defend, and hold harmless, the town, its employees, agents, and representatives against any and all claims, demands, judgements, losses and expenses, related, directly or indirectly, or which may arise from any injury to person or persons and damage to property resulting or caused from or by the work or from any condition created by such work in the street, public place, or ROW by the applicant.
   (N)   Moving of utilities.
      (1)   Applicant agrees to move/relocate its utilities within 90 days upon written notice by the town should it be necessary for the town to perform work in the street, public place, or ROW. Failure to move the utilities within 90 days after receiving notice will result in a fine of $1,000 per day.
      (2)   In addition, Applicant, by accepting a ROW permit, agrees to move any pre existing utilities in the public ROWs in the town in the same manner and process described herein.
   (O)   Schedule of fees, costs and fines.
Activity permit filing fee
$50
(No fee required for land restriction or temporary lane closure(s).)
Surety requirement
$2,000 per location
$10,000 blanket bond
Open cut maintenance bond
$10,000 per location
ROW boring
$50 + $0.75 per lineal foot
ROW open cut
$300 + $5 per sq. ft.
Stop work reinstatement fee
$400 each time
Work completed during stop work order
$500 per day
Failure to relocate utilities
$1,000 per day after 90 day notice
*   ROW fees do not apply to repairs to existing sidewalks
**   Surety may include any of the following: bond, letter of credit, or certified check
***   No bond required for lane restriction or temporary lane closure(s)
 
(`93 Code, § 7-65) (Ord. 457, passed 6-29-88; Am. Ord. 2002-017, passed 11-11-02; Am. Ord. 2019-OR-022, passed 8-12-19; Am. Ord. 2022-OR-010, passed 5-23-22)
§ 94.02 APPLICATION; FORM.
   (A)   Application for the permit(s) shall be made on a form prescribed and provided by the town.
(`93 Code, § 7-66)
   (B)   The application form shall provide the following information:
      (1)   Date;
      (2)   Contractors name, address and telephone number;
      (3)   Applicant’s name and title (if any), address and telephone number;
      (4)   The location of the proposed excavation;
      (5)   The purpose of the proposed excavation;
      (6)   The length, width and depth of the excavation;
      (7)   The beginning and completion date of the excavation;
      (8)   Applicant’s or applicant’s agent’s signature;
      (9)   Approval of the Town’s Building Commissioner or authorized agent of the town;
         (C)   The application must be filed at least five days prior to the proposed start date except in cases of emergency. The Town’s Building Commissioner or authorized agent of the town shall determine whether an emergency actually exists.
(`93 Code, § 7-72) (Ord. 457, passed 6-29-88; Am. Ord. 2002-017, passed 11-11-02)
§ 94.03 LIABILITY ASSUMED BY APPLICANT.
   (A)   The applicant shall assume all liability for damage caused by the opening or excavation, including but not limited to damage caused by interference with existing utility service or injuries to persons or properties due to the excavation, and the applicant shall be responsible for maintaining at all times, necessary signs, signals and barricades in accordance with the updated Indiana Department of Transportation Standard specifications and manual of Uniform Traffic Control Device Rules.
   (B)   The entire expenses of digging into, excavating in, or in any manner changing the surface of any sidewalk, street, curb, alley or public place within the corporate limits of the town, shall be borne by such permitee and the town shall not be liable for any expenses incurred there from, nor for any injury or damages to any person or property.
('93 Code, § 7-67) (Ord. 457, passed 6-29-88; Am. Ord. 2002-017, passed 11-11-02)
§ 94.04 STANDARDS FOR COMPLETION AND APPROVAL.
   The applicant shall replace the fill according to the sketched specifications which shall be provided by the town and will be on file at the Town Hall.
(`93 Code, § 7-68) (Ord. 457, passed 6-29-88)
§ 94.05 COMPLIANCE REQUIRED.
   (A)   Anything that is not specified in the sketched specifications shall comply with the Indiana Department of Transportation Specifications. Any person or firm making an opening (or government entity or unit) shall complete all work within the time as stated in the application.
   (B)   (1)   No project shall be deemed complete until the time as the Town’s Building Commissioner or other person authorized by the Town Council has approved the application, inspected the project and approved the manner in which the excavation project has been completed.
      (2)   The written resolution of the inspection shall be sent to the applicant by the authorized person making the inspection.
(`93 Code, § 7-69) (Ord. 457, passed 6-29-88; Am. Ord. 2002-017, passed 11-11-02)
§ 94.06 FEES.
   (A)   The applicant shall pay an inspection fee when filing his or her application.
   (B)   (1)   An inspection fee of $50 shall be charged for each street/road cut requested.
      (2)   An inspection fee of $25 shall be charged for each sidewalk cut requested.
      (3)   An inspection fee of $10 shall be charged for each grass plat cut requested.
      (4)   If there is a minimum of three road cuts within a 1,200-foot continuous length of road, then the applicant shall repave all of the road affected between the furthest cuts.
(`93 Code, § 7-70) (Ord. 457, passed 6-29-88; Am. Ord. 2002-017, passed 11-11-02)
§ 94.07 RESPONSIBILITIES OF APPLICANT.
   After any person, firm, utility company or governmental unit or entity has cut and/or excavated a town roadway, alley, street or throughway, it shall have a continuing responsibility to the town to maintain the cut and/or excavated area. If after a road, street, alley or throughway is cut by any of the aforesaid and a problem of sinking or breaking of the repaved area occurs, the Town Council or its authorized agent shall write a letter to the responsible party advising them of the problem and of their obligation under this chapter to correct that problem. If the problem is not then corrected within 30 days of issuance of the letter to the satisfaction of the person authorized to inspect the excavations by the Town Council, the responsible party shall be liable in damages to the town.
(`93 Code, § 7-71) (Ord. 457, passed 6-29-88; Am. Ord. 2002-017, passed 11-11-02)
§ 94.08 SPECIFICATIONS.
   (A)   The operation of digging into, excavating in, or in any manner changing the surface of any sidewalk, street, alley or other public place within the corporate limits of the town, and the refilling and resurfacing of any such excavation shall be done under the supervision of the Building Commissioner or the head of the Street Department of the town, or such other officer, employee or agent designated by the Town Council for the town.
   (B)   All excavations in streets shall be repaired according to the type of the existing surface as follows:
      (1)   Existing asphalt surface (See Diagram A and B, attached to Ord. 2002-017, passed 11-11-02):
         (a)   Excavation shall be filled with thoroughly compacted sand to a depth not less than ten inches below finished grade compacted in six inch layer maximum;
         (b)   Portland cement concrete (3,000 p.s.i. minimum) shall be deposited on top of the sand fill to within one inch below finished grade;
         (c)   After Portland cement concrete has cured for a minimum period of four days, asphalt primer RC-3 shall be applied at a rate of 0.5 gallons per square yard;
         (d)   A one inch course of hot asphalt concrete, type B, thoroughly compacted and rolled. In the event the weather is unsuitable for properly applying hot asphalt concrete for repairing the surface, a temporary patch may be applied consisting of asphalt coated aggregate (cold patch), provided when suitable paving weather occurs, the temporary patching materials shall be removed and replaced with hot asphalt concrete as specified above.
      (2)   Existing concrete surface (See Diagram C and D, attached to Ord. 2002-017, passed 11-11-02):
         (a)   Excavation shall be filled with thoroughly compacted sand to a depth not less than eight inches below finished grade compacted in six inch layers maximum, concrete patch thickness shall match existing concrete pavement thickness;
         (b)   Portland cement concrete (3,000 p.s.i. minimum) shall be placed in the remaining cavity and troweled with a wooden float to finish grade.
      (3)   Existing aggregate surface (See Diagram E, attached to Ord. 2002-017, passed 11-11-02):
         (a)   Excavation shall be filled with sand up to a depth not less than eight inches below finished grade compacted in six inch layers maximum;
         (b)   The remaining depth shall be filled with crushed stone of the size required by the head of Street Department of the town.
      (4)   Existing earth surface (See Diagram F, attached to Ord. 2002-017, passed 11-11-02):
         (a)   Excavation shall be filled with earth and earth mounded above the excavation to a height above finished grade amounting to ten percent of the depth of the excavation. After settling has occurred, earth shall be added or removed to level the fill with finished grade and the surface restored to the same condition as existed before excavation was made.
   (C)   Exploratory drill holes shall be filled in the same manner as trench or pit excavations except when the holes are made in an existing earth surface it shall be refilled with sand except the upper six inches of fill material shall be earth.
   (D)   Excavation under sidewalks shall be refilled with fully compacted sand to a level four inches below finished grade of sidewalk in pedestrian traveled areas and six inches below finished grade of sidewalk in driveway areas. The sidewalk shall be replaced to the same width as that removed and to a depth of four or six inches respectively in pedestrian and driveway areas. Sidewalk material shall be portland cement concrete, air entraining type, 3,000 p.s.i., strength, finished with a wooden foot and steel edging tool and scored to match adjacent sidewalk scoring.
   (E)   All cuts made in the driving area of a street or alley shall be covered with steel plates, anchored safely to the paved surface, until the cut is ready for traffic. Cold-patch type asphalt concrete shall be place all around the plate to lessen any possible damage to vehicles crossing the area. No more than ten calendar days shall elapse between the date the hole is first cut in the street right-of-way and the date on which the repair is complete and the patch is paved to finish grade and open to traffic.
   (F)   Should the place or places where the excavation and repairs are refilled or replaced under the provisions of this chapter, fail within the life of the street pavement or before the street is repaved by the town, the permitee shall, at his or her own expense, within ten days after receipt of written notice from the Building Commissioner, refill and resurface same. If the permitee fails to refill or resurface after receipt of ten days written notice, the town shall make the necessary repairs and render a statement of charges to the permitee due and payable within 30 days after the receipt of the statement.
   (G)   Any utility company, contractor or individual causing a total of five or more holes, a maximum of three feet by three feet, or a trench or trenches totaling 30 feet in length, to be made an average 300 foot long town block during one 12 month period, shall be required to resurface the entire width of the street or alley for the full town block within the current paving season with a one inch compacted thickness of surface type hot asphalt concrete. The existing paved surface shall be tack coated before paving.
   (H)   If any utility company, contractor or individual causes a total of 25 square feet or replacement asphalt to be installed or paved within any town block during any continuous 12 month period, the utility company, contractor or individual shall be required to resurface the entire width of the street, highway, alley or other paved surface for the full town block within the current paving season within a minimum of one inch compacted thickness of surface type hot asphalt mix. The existing paved surface shall be tack coated before paving. For purposes of this chapter, a town block shall be deemed to be any continuous 300 foot stretch of street, highway, alley or other paved surface within the town, in excess of 300 feet by reason of violation of this chapter, unless other violation hereof shall be committed in contiguous or continuing areas of the same street, highway, alley or other paved surface.
   (I)   If any utility company, contractor, individual or entity, whether or not acting as an agent or employee of the town, causes an excavation in a paved roadway in the town to be dug, shall be required to repair the roadway pursuant to the cross section depicted in Diagram A, attached to Ord. 2002-017, passed 11-11-02. However, should the excavation consist of more than 100 feet in length (such as a trench) the excavation shall be repaired pursuant to the cross section depicted in Diagram B, attached to Ord. 2002-017, passed 11-11-02. The repairs as specified herein shall be completed as soon as practical within the current paving season.
(Ord. 2002-017, passed 11-11-02)
§ 94.09 FAILURE TO OBTAIN PERMIT.
   It shall be unlawful for any person, firm, corporation or representative thereof, to dig into, excavate in, or in any manner change the surface of any sidewalk, street, alley or other public place within the corporate limits of the town, without first having obtained a written permit to do so from the Building Commissioner, in conjunction with the head of the Street Department or any administrative agent so appointed by the Town Council, and for which permit the permitee has paid to the town through the office of the Clerk-Treasurer, or its agent, the applicable permit fee.
(Ord. 2002-017, passed 11-11-02)
MEDIAN SOLICITATION/ROADBLOCKS
§ 94.20 DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHARITABLE OR CIVIC ORGANIZATION. Any person(s)/organization(s) determined by the Internal Revenue Service to be a tax-exempt organization, 501(c)(3); or as determined by other Federal Authorities.
   CHARITABLE OR CIVIC PURPOSE. Any purpose or activity which holds itself out to be benevolent, educational, philanthropic, humane, patriotic, religious, or fraternal or to be established for a social welfare or advocacy, public health, environmental conservation, or civic purpose, or is designed to serve the welfare of society generally or any class or group to which society is morally obligated or a specific community or to preserve or improve the culture thereof or environment enjoyed thereby; or as may otherwise be defined under applicable federal or Indiana statutes or revenue rulings of the Internal Revenue Service or Indiana Department of Revenue.
   CONTRIBUTION. Any grant, promise, or pledge of money, credit, property, financial assistance, or other thing of any kind or value in response to a solicitation for a charitable or civic purpose.
   HIGHWAY. Any public road, street, avenue, alley or boulevard, bridge, viaduct, or trestle and the approaches to them include private residential roads and parking lot and off-street parking facilities offered for public use, whether publicly or privately owned.
   RELIGIOUS ORGANIZATION. Any organization, the activity of which is protected by the first Amendment of the Constitution of the United States.
   ROADWAY SOLICITATION. Person or person standing on/in the roadway for the purpose of soliciting donations from motorists.
   SOLICIT AND SOLICITATION. Engaging in or requesting, directly or indirectly, that an addressed person or limited audience or the public generally makes a contribution or contributions. Solicitation shall be deemed to have taken place when the request is made, whether or not the requested contribution is made.
   SOLICITOR. A natural person who, by personal contact, transmits by oral communication or writing, which identifies that person, requests a specific person to make a contribution for charitable or civic purposes.
(Ord. 2017-OR-006, passed 2-27-17)
§ 94.21 SOLICITATION ACTIVITY REGULATED.
   (A)   All persons desiring to conduct roadway solicitations within the town must have a permit issued by the Police Department.
   (B)   Persons/organizations wishing to solicit donations shall apply for a permit no less than 72 hours prior to the event, and must have their 501(c)(3) tax identification number. 501(c)(3) is defined by Internal Revenue Code.
   (C)   Persons/organizations wishing to solicit must have liability insurance (minimum $250,000).
   (D)   Permittee must provide the dates and times of the proposed solicitations.
   (E)   Only one weekend per calendar year, per organization, allowed within the town boundaries.
   (F)   Roadblocks can only be conducted on Saturdays and Sundays. Times are 8:00 a.m. to Noon Saturday, Noon to 4:00 p.m.-Sunday.
   (G)   No roadblocks on any roadway or intersection in which the speed limit is over 35 miles per hour.
   (H)   Organization representative/permittee must provide a valid photo ID/driver's license at the time of applying for the permit.
   (I)   Only one person or group of persons shall be allowed to solicit charitable contributions on the highways and adjoining intersections thereof at any given time.
   (J)   Permittee must place at each point of collection, four orange traffic cones, minimum height of 30 inches, each being 15 feet apart, totaling a distance of 60 feet from the permittee, towards oncoming traffic. These cones shall be placed on the median/center line.
   (K)   Permittee must display a two foot by three foot sign at each point of collection, indicating the organization and cause they are soliciting donations for. Letters on the sign shall be a minimum of four inches tall and one-half inch wide. These signs are to be placed a minimum of 60 feet away from each collection point, facing oncoming traffic.
   (L)   Limit solicitation activity to two persons per lane.
   (M)   No persons under 18 years of age shall be allowed to participate in the roadblocks.
   (N)   Inclement weather during which wipers or lights are necessary for safe vehicular travel or in the judgment of any law enforcement officer, existing conditions constitute a traffic hazard to motorist and pedestrians shall cause solicitations to cease. (If such an instance occurs, permittee may petition the Police Department, in writing for an additional makeup date.)
   (O)   No solicitation in construction "work zones".
   (P)   Refrain from yelling at or otherwise distracting motorist, and from touching any vehicle.
   (Q)   Permittee must not deliver or receive any tangible thing to or from any occupant of any motor vehicle in a lane that is not contiguous with the median strip or area, which has been cordoned off by traffic cones. For instance, if there are two northbound lanes, you go to the lane next to the median/cordoned area, but you cannot go to the other northbound lane.
   (R)   Permittee must not stand, sit or walk on a roadway (other than on a grass or raised median strip or area which has been cordoned off by traffic cones) except to travel to or from a motor vehicle whose driver has signaled the permitted to approach.
   (S)   Permittee must not deliver or receive any tangible thing to or from any occupant, other than the driver or person on the driver's side, of a motor vehicle that is on the roadway.
   (T)   Permittee may not place any sign or other device in the street right-of-way that is in violation of state, county, or town laws/ordinances.
   (U)   Permittee must wear reflective outerwear (ex: orange/yellow traffic vest with reflective strips) while at the collection points.
   (V)   Permittee shall not litter or leave trash or other objects on the roadway once the solicitation is over.
   (W)   Permittee shall not stop or attempt to stop a motor vehicle that is approaching a traffic signal unless the traffic signal requires the vehicle to come to a complete stop.
   (X)   Permittee shall not impede the regular flow of traffic.
   (Y)   Permittee shall not approach a person/vehicle in a manner that appears likely to cause a reasonable person with ordinary sensibilities to feel intimidated, threatened or harassed.
   (Z)   Permittee shall not approach a person/vehicle within one foot, unless that person has indicated that he or she wishes to be solicited.
(Ord. 2017-OR-006, passed 2-27-17)
§ 94.22 ENFORCEMENT.
   The Police Department shall be responsible for the enforcement of this subchapter (§§ 94.20 through 94.22) and the issuance of citations for violations of its provisions. Any person, firm or corporation who violates any provision hereof or fails to obtain a permit, shall be subject to the penalty provisions of § 94.99.
(Ord. 2005-036, passed 12-19-05)
INSTALLATION OF SPEED HUMPS/BUMPS IN NEIGHBORHOODS
§ 94.35 STANDARDS AND REQUIREMENTS.
   (A)   The use of speed bumps and speed humps to control speeding on neighborhood streets is documented within many jurisdictions across the county. Prior to the Council considering whether or not to install the speed bumps or speed humps on a local road within the town, the applicant must satisfy certain requirements more specifically set forth below.
   (B)   The applicant must:
      (1)   Complete and return a petition to Public Works Director or Town Manager or their designee, identifying the requested location(s) of the speed humps or speed bumps to be installed;
      (2)   Provide a detailed list of all property owners and corresponding mailing addresses for where the county tax bills are forwarded for each property owner, which may be found in the office of the Clark County Auditor for every residence within the respective neighborhood if the neighborhood has less than 150 homes. If a neighborhood has more than 150 homes, then the applicant shall provide the names and addresses of every residence owner on the street of where the speed bump or speed hump shall be installed as well as the names and addresses of the people on each adjacent street (hereinafter collectively referred to as the "Speed Bump/Hump Controlled Area");
      (3)   Notice each property owner on the list by first class mail with a copy of the petition and the date of the public hearing, which shall be established by Public Works Director or Town Manager or their designee. The applicant must also show proof of said noticing.
   (C)   The public hearing referred to in division (A)(3) shall only be conducted if the applicant provides documented proof that at least 70% of residence within the Speed Bump/Hump Controlled Area supports the installation of the speed bump or speed hump. This may be accomplished by a signed petition.
   (D)   The Council shall, upon hearing the petition at a public meeting, determine whether to install the speed hump or speed bump and the decision will be reduced to writing and provided to the applicant. The Council shall take the following information, and any other information that may be relevant, into consideration when deciding whether or not to install the speed hump or bump:
      (1)   The town's budget for said year;
      (2)   The Town Engineer's recommendation;
      (3)   Total cost; and
      (4)   Priorities of the town.
   (E)   The applicant is responsible for paying for 50% of the total costs of the installation of the speed bump or speed humps. However, if town funds are unavailable the applicant may pay for 100% if it chooses to do so.
   (F)   After the hearing, should the Council decide that a speed bump or speed hump is warranted in the Speed Bump/Hump Controlled Area, then the Council shall cause to have a quote prepared for the installation and the applicant will have 60 days to deposit with the Clerk-Treasurer 50% of the quote. Once the 50% is deposited, the Public Works Director, Town Manager or their designee shall cause to have the speed bump or speed hump installed in a reasonably timely manner.
(Ord. 2019-OR-034, passed 11-25-19)
§ 94.99 PENALTIES.
   (A)   Failure of any utility company, contractor, individual or entity to abide by the requirements of §§ 94.01 through 94.09 of this chapter shall make the utility company, contractor, individual or entity subject to the following penalties:
      (1)   The utility company, contractor, individual or entity who fails to do the repair work required in a timely manner shall be denied any further permits for such cuts or other paving until the required repairs shall be completed in the manner set forth herein;
      (2)   The utility company, contractor, individual or entity shall be responsible for any costs of repair undertaken pursuant to this chapter;
      (3)   The utility company, contractor, individual or entity shall be liable for all legal expenses of the town in enforcing the terms of this chapter; and
      (4)   The utility company, contractor, individual or entity shall be fined an amount for each 100 square feet of road service area which is not repaired in the manner set forth herein.
   (B)   Any firm, person or corporation violating any provisions of §§ 94.01 through 94.09 of this chapter shall, upon conviction, be fined an amount not less than $250 nor more than $2,500. Each violation of this chapter shall constitute a separate offense.
(Ord. 2002-017, passed 11-11-02)
   (C)   Any person, firm, or corporation who violates any provision of §§ 94.20 through 94.22 of this chapter, or fails to obtain a permit, shall be subject to a fine not to exceed $2,500.
(Ord. 2005-036, passed 12-19-05)
CHAPTER 95: HEALTH AND SANITATION; NUISANCES
Section
General Provisions
   95.01   Public nuisances; interpretation
   95.02   Nuisances created by others
   95.03   Inspection of premises
   95.04   Public health nuisances
   95.05   Littering
   95.06   Noise
   95.07   Dangerous structures
   95.08   Open wells
   95.09   Trees, shrubs obstructing streets and sidewalks
   95.10   Storage of explosives
   95.11   Junk vehicles; scrap metal
   95.12   Animal nuisances
   95.13   Sump pumps draining on streets
Abatement Procedures
   95.15   Notices; form
   95.16   Refusal or neglect to abate
   95.17   Notification costs; collection remedies
Open Burning; Smoke
   95.30   Hours of restriction
Weeds; Grass and Rank Vegetation
   95.45   Definitions
   95.46   Excessive growth prohibited
   95.47   Inspections
   95.48   Removal notice; continuous notice
   95.49   Failure to remove; remedies
   95.50   Cost of removal by town
   95.51   Public nuisance declared
   95.99   Penalty
   Appendix A:     Scientific definitions of noise terms
   Appendix B:     Octave-band breakdowns of dBA limits for different zones
GENERAL PROVISIONS
§ 95.01 PUBLIC NUISANCES; INTERPRETATION.
   Wherever the word “nuisance” is used in this chapter, it refers to a public nuisance.
(`93 Code, § 6-45) (Ord. 316, passed 8-28-79)
§ 95.02 NUISANCES CREATED BY OTHERS.
   For the purposes of this chapter, it shall not be essential that the nuisance be created or contributed to by the owner, tenants or their agent or representative, but merely that the nuisance be enacted or contributed to by licensees, invitees, guests or other public for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but of which the owner of operator, by the exercise of reasonable care, ought to have become aware.
(`93 Code, § 6-46) (Ord. 316, passed 8-28-79)
§ 95.03 INSPECTION OF PREMISES.
   For the purpose of carrying the provisions of this chapter into effect, it is made the duty of all officers and employees of the town to report the existence of nuisances to the Town Council or the town's police officers and for this purpose the Superintendent of Streets, the Building Commissioner or officers or other employees designated by the Town Council shall be permitted, upon written permission by the owner of the property or court order, to enter into or upon any building, lot, grounds or premises, within the limits of this town to ascertain and discover any nuisances and to make examination thereof.
(`93 Code, § 6-47) (Ord. 316, passed 8-28-79; Am. Ord. 2015-006, passed 9-14-15)
§ 95.04 PUBLIC HEALTH NUISANCES.
   (A)   Premises to be kept clean. Allowing any premises to become or remain in a filthy condition or to be used or occupied in a manner that creates noxious or offensive smells or odors in connection therewith, or to allow on any premises the accumulation or creation of rubbish or other unwholesome and offensive matter or the breeding of flies, rodents or other vermin on the premises to the menace of the public health or the annoyance of people residing in the vicinity is hereby declared a nuisance. The person owning, occupying and/or controlling the premises is responsible for any violation of this section.
   (B)   Accumulation of rubbish.
      (1)   The accumulation of rubbish shall be considered a nuisance if there is caused or suffered an accumulation on any premises of filth, refuse, trash, garbage or other waste materials to such a degree that it endangers the public health, welfare or safety or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents or insects or its blowing into any street, sidewalk or property of another.
      (2)   It shall be the duty of persons owning or being in charge of those business establishments whose patrons purchase goods or services from their automobiles, commonly known as “drive-ins,” to furnish sufficient covered receptacles for the deposit of wastes created in the operation of the business and to clean up the wastes as are not deposited in receptacles at the close of business of each day (or if the business operates continuously, at least once each day) and at other times when weather conditions are such that waste from the operation of the business is being blown to adjoining premises.
   (C)   Noxious odors or smoke. If there emits from premises into the surrounding atmosphere odors, dusts, smoke or other matter as to render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible such condition shall be declared a nuisance.
   (D)   Stagnant water. It is a violation of this section to allow any pool of stagnant water to accumulate and stand on any property.
   (E)   Dressing poultry. The dressing of poultry within the town limits for wholesale, or retail use is declared a nuisance unless at the end of each day the debris made in the dressing of the same shall be removed to some point beyond the town limits and destroyed.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79)
§ 95.05 LITTERING.
   The putting, throwing, dumping, leaving or depositing or causing to be put, thrown, dumped, left or deposited, any paper, boxes, tin cans, brush, brick, wood, glass, dirt, sand gravel, grass, leaves or debris or rubbish of any kind or character whatsoever, in or upon or within the limits of any street, alley, sidewalk, thoroughfare or public way in the town is hereby declared a nuisance.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79)
Cross-reference:
   Littering, see § 130.01
§ 95.06 NOISE.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (All terminology used in this section shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. See Appendix A for more concise, scientific definitions.)
      A-WEIGHTED SOUND LEVEL. The loudness of a sound measured through a filtering device intended to simulate human hearing. The level is designated dB(A) or dBA.
      COMMERCIAL ZONE. Zones B-1, B-2, B-3 and BSC as established in the zoning ordinance.
      DECIBEL (dB). A unit for measuring the sound pressure level of a sound.
      FREQUENCY. An objective way to describe the pitch of sound.
      HERTZ (Hz). A unit for measuring the frequency of a sound (sometimes called “cycles per second”).
      INDUSTRIAL ZONE. Zones I-1 and I-2 as established in the zoning ordinance.
      LIGHT MOTOR VEHICLE. Any motorized vehicle with a gross vehicular weight of less than 8,000 pounds, including automobiles, vans, motorcycles, motor-driven cycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-karts, mini-bikes, trail bikes and light trucks.
      MODIFIED EXHAUST SYSTEM. Any exhaust system in which the original noise abatement devices have been removed, altered or replaced to produce more noise.
      NOISE. Any unwanted sound.
      OCTAVE BAND. A way to divide the entire frequency range of sound into sections for more accurate measurement.
      PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.
      PLAINLY AUDIBLE. Any noise for which the information content is unambiguously communicated to the listener, including understandable spoken speech, comprehension of whether a voice is raised (agitated) or normal, or comprehensible musical rhythms.
      RESIDENTIAL ZONES. Zones R-1 and R-2 as established in the zoning ordinance.
      SOUND LEVEL METER. An instrument designated to measure sound pressure levels.
      SOUND PRESSURE LEVEL. An objective way to describe the loudness of a sound.
   (B)   General prohibition. No person shall make, or cause to be made, any noise that unreasonably annoys, disturbs, injures or endangers the comfort. repose, health, peace, safety or welfare of any person, or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions listed in division (C).
   (C)   Specific restrictions. The following acts are declared to be unlawful:
      (1)   Radios, television sets, musical instruments, tape or record players, amplifiers and similar devices: operating, or permitting the use or operation of, any such device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible across property boundaries, or through partitions common to two or more persons within a building.
      (2)   Domestic power tools: operating, or permitting the use or operation of, any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower, snow-blower or similar device used outdoors between the hours of 11:00 p.m. and 7:00 a.m., in such a manner that will disturb or annoy any reasonable person nearby.
      (3)   Construction: operating, or permitting the operation of, any tool or equipment used in construction, drilling or demolition between the hours of 11:00 p.m. and 7:00 a.m., in such a manner that will disturb or annoy any reasonable person nearby.
      (4)   Horns and signaling devices: operating a horn or other audible signaling device on any motor vehicle, except in an emergency or when required by law.
      (5)   Participation in noisy parties or gatherings: participating in any party or gathering between the hours of 11:00 p.m. and 7:00 a.m., giving rise to noise that is plainly audible across property boundaries, or between partitions common to two or more persons within a building.
      (6)   Animals: harboring or keeping any animal that. by causing frequent or long continued noise, shall disturb or annoy any reasonable person nearby.
   (D)   Quantitative limits.
      (1)   Motor vehicles.
         (a)   It shall be unlawful for any person to cause the sound pressure level of the noise emitted during the operation of a light motor vehicle to exceed 80 dBA within the corporate limits of the town. The sound pressure level measurement shall be made at a distance of not less than 15 feet from the noise source.
         (b)   It shall be unlawful for any person to operate a light motor vehicle that causes excessive noise as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, de-acceleration, engine revving or tire squealing.
      (2)   Stationary source. (See Appendix B for octave-band breakdowns of the dBA limits for residential, commercial and industrial zones.)
         (a)   It shall be unlawful for any person to cause the sound pressure level to exceed the limits listed below at any point on the boundary of the property where the person is located.
            1.   If the person is located within a residential zone: 55 dBA between the hours of 11:00 p.m. and 7:00 a.m.
            2.   If the person is located within a commercial zone: 64 dBA at all times.
            3.   If the person is located within an industrial zone: 66 dBA at all times.
         (b)   If the property boundary lies between two zones, the lower limit shall apply, regardless of the zone in which the person creating the noise is located.
         (c)   1.   In addition to the above, no person within a residential or a commercial zone shall make, or cause to be made, any earthshaking vibrations perceptible without the aid of instruments beyond the property boundary of the vibration source.
            2.   No person within an industrial zone shall make or cause to be made any earthshaking vibrations perceptible without the aid of instruments beyond the zone boundary of the zone in which the vibration source is located.
   (E)   Exemptions and permits.  
      (1)   Exemptions. The following are exempted from the provisions of this section:
         (a)   Sound emitted from sirens of authorized emergency vehicles and town weather-warning devices;
         (b)   Lawn mowers, garden tractors, and similar home power tools when properly muffled;
         (c)   Burglar alarms on light motor vehicles of the electronic signaling type, which transmit an audible signal to a receiver that can be carried by the owner or operator of the vehicle; and
         (d)   Celebrations on Halloween, legal holidays, celebrations in connection with duly authorized parades and church bells.
      (2)   Heavy industry. The provisions of this section shall not apply to any industry existing in the town one year prior to October 27, 2008, and located in an area zoned Heavy Industry (I-2).
      (3)   Permits.
         (a)   The Sellersburg Municipal Works shall have the authority to issue permits for:
            1.   Holidays, celebrations, concerts, parades or other special events (public or personal).
            2.   Persons who demonstrate that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of this section would constitute an unreasonable hardship on the applicant, the community or other persons, and that the adverse impact on the health, safety and welfare of persons affected by the permit has been outweighed by such hardship.
         (b)   Permits may contain any conditions (including a time limit) that are necessary to limit the adverse impact of the activity.
         (c)   Noncompliance with any condition of the permit shall terminate it and subject the person holding it to the provisions of this section.
         (d)   The Sellersburg Municipal Works may issue guidelines defining the procedures to be followed in applying for a permit, and the specific criteria to be considered in deciding whether to issue a permit.
   (F)   Enforcement. It shall be unlawful for any person to violate the provisions of this section. Whenever any police officer enforces a violation of this section, he or she shall take the name, address, operator's license number and registration number of the vehicle, if readily available.
   (G)   In any prosecution for a violation of this section the court may admit evidence of a noise level as tested by a sound level meter which meets or exceeds the American National Standards Institute (ANSI) specifications for Type II equipment. A person shall be found guilty of violation of this section for the emission of a noise from, or on, any motor vehicle source in excess of the limitations established herein.
   (H)   Penalties. Each violation issued to an individual, firm or corporation shall be subject to the penalty set forth in § 95.99.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79; Am. Ord. 2008-28, passed 10-27-08; Am. Ord. 2009-007, passed 3-23-09) Penalty, see § 95.99
§ 95.07 DANGEROUS STRUCTURES.
   (A)   Dilapidated buildings. Any building, house or structure caused or suffered to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair, or that due to lack of adequate maintenance or neglect endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property is considered a nuisance.
   (B)   Dwellings unfit for human habitation.
      (1)   The erection, use or maintenance of a dwelling which is unfit for human habitation is considered a nuisance. A dwelling shall include any part of any building or its premises used as a place of residence or habitation or for sleeping by any person.
      (2)   A dwelling is “unfit for human habitation” when it is dangerous or detrimental to life or health because of want of repair, defects in the drainage, plumbing, lighting, ventilation or construction, infection with contagious disease or the existence on the premises of an unsanitary condition likely to cause sickness among occupants of the dwelling.
   (C)   Dangerous buildings adjoining streets. It shall be declared a nuisance for any building, house or structure to become so out of repair and dilapidated that, it would, if the condition is suffered to continue, endanger the life, limb or property, or cause hurt, damage or injury to persons or property using or existing on the streets or public ways of the town adjoining the premises, by reason of the collapse of the building, house or structure, or by the falling of parts thereof or of objects therefrom.
   (D)   Dangerous trees, stacks and the like adjoining streets. It shall be a nuisance if any tree, stack or other object remains standing upon the premises in such a condition that, if the condition is suffered to continue, it does or will endanger the life, limb or property or hurt, damage or injure persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79)
§ 95.08 OPEN WELLS.
   It shall be considered a nuisance any time there is caused or suffered the maintenance of any open or uncovered, or insecurely covered, cistern, cellar, well, pit, excavation or vault situated upon private premises in any open or unfenced lot or place.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79)
§ 95.09 TREES, SHRUBS OBSTRUCTING STREETS AND SIDEWALKS.
      (1)   It shall be a nuisance to maintain trees with less than 14 feet clearance over streets or less than eight feet over sidewalks or to grow and maintain shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street.
      (2)   No shrub shall be planted between the curbline and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects the curbline of another street.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79)
§ 95.10 STORAGE OF EXPLOSIVES.
   It shall be declared a nuisance to store on premises combustible or explosive material as to create a safety hazard to other property or persons in the vicinity.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79)
§ 95.11 JUNK VEHICLES; SCRAP METAL.
   (A)   Storage. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts for scrap metal within the town limits is hereby prohibited.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      MOTOR VEHICLES UNFIT FOR FURTHER USE. Any style or type of motor driven vehicle used for the conveyance of persons or property, which is in a dangerous condition generally as to be unfit for further use as a conveyance, or one which is parked or abandoned upon the streets of the town without current registration and license plates.
      AUTOMOBILE PARTS. Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
      SCRAP METAL. Pieces of or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its originally intended purpose.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79)
§ 95.12 ANIMAL NUISANCES.
   (A)   Running at large of cats and dogs .
      (1)   The existence of dogs and cats running at large and without restraint within the town and the barking, yelping, howling or other noises, made by dogs and cats, wheresoever located constitutes a nuisance.
      (2)   It shall be a violation of this section and Chapter 93 to permit dogs or cats to run at large upon the public streets, places, walks, parks or ground within the town unless the dog or cat is attached to a leash and kept under control of the person accompanying it.
   (B)   Keeping or harboring. It is hereby declared a nuisance to own, keep or harbor any dog or cat which by frequent or habitual howling, yelping, barking or other noise, shall create a public annoyance or disturbance.
   (C)   Other domestic animals prohibited. It is a violation of this section to own or harbor within the corporate limits of the town of any cow, pig, bull, horse, pony, chicken, rooster, rabbit or other domestic animal or any dog or cat that is vicious.
   (D)   Vaccination. It is a nuisance to maintain or harbor a dog unless it shall have been vaccinated by a licensed doctor of veterinary medicine with anti-rabies vaccine, within one year preceding the date upon which the dog is kept, maintained or harbored.
   (E)   Illegal to keep dogs unless tax paid. It is a violation of this section to keep, harbor, board, feed or permit any dog to stay about his, her or their premises if the dog does not have a tag attached to the collar worn by the dog, showing the taxes thereon have been paid and a tag showing compliance with division (D) above.
(`93 Code, § 6-49)
(`93 Code, §6-48) (Ord. 316, passed 8-28-79; Am. Ord. 2005-023, passed 9-12-05)
Cross-reference:
   Animal regulations, see Chapter 93
§ 95.13 SUMP PUMPS DRAINING ON STREETS.
   (A)   The drainage of sump pumps onto the public streets of the town during the winter months when temperatures reach freezing or below poses a safety hazard and danger to persons and vehicles on the public streets.
   (B)   Each household where sump pumps drain onto a public street of the town shall be reviewed and evaluated on a case by case basis to determine if said sump pump drainage location proposes a hazard to traffic or individuals on the public streets of the town during the winter months when temperatures are freezing or below.
   (C)   If the household's sump pump drainage is determined to be a hazard to other traffic and persons on the roadways of the town during the winter months when temperatures cause freezing, the individual causing said drainage on the roadway should be notified to stop said sump pump drainage on the public street immediately.
   (D)   The failure to comply shall be addressed and handled as if said sump pump drainage constitutes a nuisance, whereupon a citation shall be issued.
   (E)   The minimum fine to be assessed for violation of this section shall be no less than $25 per day up to $100 per day not to exceed a maximum of $2,500.
(Ord. 2001-013, passed 4-9-01)
Cross-reference:
   Streets and Sidewalks, see Chapter 94
ABATEMENT PROCEDURES
§ 95.15 NOTICES; FORM.
   (A)   (1)   In any case where any nuisance may be found to exist, the town's police officers or the Building Commissioner shall cause to be served notice upon the owner or occupant of the premises where the nuisance exists, or upon any other person so causing the nuisance, to request that person to abate the nuisance by the date specified in the notice.
      (2)   In determining the specified date in the notice, the town's police officers or the Building Commissioner shall take into consideration the degree of threat to public health, safety and welfare and the means required to abate the nuisance. It shall not be necessary for the town's police officers or the Building Commissioner to designate in the notice the manner in which any nuisance shall be abated unless the police officers or Building Commissioner deem it advisable to do so.
(`93 Code, § 6-54)
   (B)   The requirement for service of notice under the provisions of §§ 95.15 through 95.17 shall be complied with by first attempting personal service of the notice by the town's police officers or the Building Commissioner on the owner, occupant or other person suspected of causing the nuisance, and then mailing the notice by registered or certified mail to the last known address of the person sought to be notified or the address of the property where the nuisance exists.
(`93 Code, § 6-57)
(Ord. 435, passed 1-12-87; Am. Ord. 2005-022, passed 9-12-05)
§ 95.16 REFUSAL OR NEGLECT TO ABATE.
   (A)   If the owner, occupant or other person served with a notice to abate the nuisance shall refuse or neglect to abate the nuisance within the time designated in the notice, the person shall then be served with a citation from the Building Commissioner citing him or her to the appropriate court to be prosecuted by the Town Attorney or cited in before the Town Council for an enforcement hearing provided said ordinance comprises such language.
   (B)   If the nuisance is not then abated the Town Council may cause a nuisance to be abated in any manner authorized by law, including the commencement of an action in the name of the town against the owner, occupant or other person, to have the nuisance abated and to recover the amount of expenses for the abatement, any unpaid fine, costs, expenses and attorney fees incurred in the enforcement.
(`93 Code, § 6-55) (Ord. 435, passed 1-12-87; Am. Ord. 2014-001, passed 2-10-14)
§ 95.17 NOTIFICATION COSTS; COLLECTION REMEDIES.
   (A)   (1)   If the Town Council has caused the nuisance to be abated, the Council may then notify the Clerk/Treasurer or Building Commissioner of the cost of abating the nuisance.
      (2)   The Building Commissioner shall then notify the owner, occupant or other person against whom the abatement proceedings were brought as to the cost of the abatement, the amount of fine owed, and any other costs, expenses or amounts owed by that person to the town.
   (B)   If the costs, fines or other amounts are not paid by the person within 30 days from the date of the Building Commissioner's notice, proper officers of the town shall then proceed to collect the same either by causing the costs to be placed on the tax duplicate of the property where the nuisance existed or by commencing suit against the violator.
(`93 Code, § 6-56) (Ord. 435, passed 1-12-87; Am. Ord. 2013-005, passed 6-24-13)
OPEN BURNING; SMOKE
§ 95.30 HOURS OF RESTRICTION.
   It shall be unlawful for any person to burn any trash, leaves or other matter outside at any time during the day or night, except as provided by I.C. 13-17-9-1.
(`93 Code, § 6-12) (Am. Ord. 95-626, passed 7-10-95) Penalty, see § 10.99
WEEDS; GRASS AND RANK VEGETATION
§ 95.45 DEFINITIONS.
   For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   WEEDS. Any undesirable, uncultivated plant.
   WEEDS, GRASS AND RANK VEGETATION. Does not include agricultural crops such as hay and pasture.
(Ord. 2021-OR-012, passed 5-10-21)
§ 95.46 EXCESSIVE GROWTH PROHIBITED.
   It is unlawful for the owner of any lot or tract of ground within the town to allow it to be overgrown with weeds, grass or rank vegetation beyond the height of nine inches, or to such extent that the growth is detrimental to the public health and constitutes a nuisance.
(Ord. 2021-OR-012, passed 5-10-21)
§ 95.47 INSPECTIONS.
   It shall be the duty of the Office of the Building Commissioner of the town to make a careful inspection of any lots, grounds and/or tracts of land situated within the corporate limits of the town for the
purposes of determining whether there is a violation of this subchapter.
(Ord. 2021-OR-012, passed 5-10-21)
§ 95.48 REMOVAL NOTICE; CONTINUOUS NOTICE.
   (A)   Whenever the Building Commissioner finds grass, weeds or rank vegetation on property within the town which is in such a condition as to violate this chapter, the Building Commissioner shall issue a written notice to the landowner to remove the grass, weeds or rank vegetation within ten days of sending notice
   (B)   The notice shall be sent by first class mail or an equivalent service permitted under I.C. 1-1-7-1 to:
      (1)   The owner of record of real property with a single owner; or
      (2)   At least one of the owners of real property with multiple owners;
      At the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice.
   (C)   The initial notice will also specify that "this will serve as a continuous abatement notice and will be posted at the property at the time of each abatement occurrence instead of by certified mail or equivalent service for all future infractions."
   (D)   The continuous abatement notice will be posted at the property at the time of each abatement occurrence after the initial notice is served.
   (E)   Within five days of receiving the notice, the property owner may appeal in writing to the Town Manager or Building Commissioner and request a meeting to discuss the matter. If an agreement cannot be worked out, the matter will be brought before the Town Council at next regularly scheduled meeting in which the property owner may be heard on the matter.
(Ord. 2021-OR-012, passed 5-10-21)
§ 95.49 FAILURE TO REMOVE; REMEDIES.
   (A)   The Building Commissioner shall reinspect the property on the tenth day after the date of the notice to determine whether the violation has been cured. If the landowner has failed to remove the grass, weeds or rank vegetation, the Building Commissioner, his or her deputy or designee may issue to the landowner a citation for an ordinance violation which states the relevant offense(s) of this chapter, and the matter shall be prosecuted in the appropriate court by the Town Attorney.
   (B)   In addition, if the landowner upon reinspection has failed to remove the grass, weeds or rank vegetation, the town through its Building Commissioner may enter the property and remove the grass, weeds or rank vegetation and the property owner shall be responsible for the all reasonable costs associated therewith. The town may also pursue any other appropriate legal remedies.
(Ord. 2021-OR-012, passed 5-10-21)
§ 95.50 COST OF REMOVAL BY TOWN.
   (A)   If the landowner fails to remove the grass, weeds or rank vegetation, and it is subsequently removed by the town, the Building Commission shall prepare a statement to be certified by the Clerk-Treasurer of the actual costs incurred by the town for the removal together with an administrative fee cost of $250 for the first offense, $500 for the second offense, and $1,000 for the third offense in the calendar year beginning January 1 of said year. The statement shall be served on the landowner by certified mail to the landowner's last known address and by affixing a copy of said statement to the property location where the violation occurred. The landowner shall pay the amount of the statement to the Clerk-Treasurer to the general fund within ten days of the receipt of the statement.
   (B)   If the landowner fails to pay within the specified ten-day period, the Building Commissioner or its designee shall file same certified statement in the Office of the Clark County Auditor. The Auditor shall place the amount claimed on the tax duplicate on the property affected by the removal of the town. The amount shall be collected as taxes are collected and dispersed to the Planning and Zoning Fund (Fund Number 270) of the town.
   (C)   The town retains the right to pursue any and all legal remedies provided by law and nothing herein waives the same.
(Ord. 2021-OR-012, passed 5-10-21)
§ 95.51 PUBLIC NUISANCE DECLARED.
   Violations of this subchapter are declared a public nuisance.
(Ord. 2006-021, passed 9-11-06) Penalty, see § 95.99
§ 95.99 PENALTY.
   (A)   Upon conviction of for a violation of § 95.06, the violator shall be punished by a fine not exceeding $2,500.
      (1)   Each day that a violation is in effect shall constitute a separate offense.
      (2)   In any prosecution for a violation of § 95.06, and during any trial concerning to provisions of § 95.06, the court may admit evidence of a noise level as tested by a sound level meter that meets or exceeds the American National Standards Institute (ANSI) specifications for Type II equipment.
      (3)   A person shall be found guilty of violation of this § 95.06 for the emission of the noise from or on any motor vehicle source in excess of the limitations established therein.
   (B)   In addition to the other remedies set forth herein, any person, firm or corporation who violates any provision of §§ 95.45 through 95.51 shall be subject to a fine not to exceed $2,500 for each violation. Each day a violation shall be deemed to have occurred shall be considered a separate violation.
   (C)   Upon conviction of a violation of this chapter, the violator shall pay a fine not exceeding $2,500 per occurrence. Each day that a violation is in effect shall constitute a separate offense/occurrence.
(Ord. 2006-021, passed 9-11-06; Am. Ord. 2008-028, passed 10-27-08; Am. Ord. 2010-014, passed 7-26-10; Am. Ord. 2014-002, passed 2-10-14)
APPENDIX A: SCIENTIFIC DEFINITIONS OF NOISE TERMS
   The concise, scientific definitions of the terms used in § 95.06 shall be as follows.
   A-WEIGHTED SOUND LEVEL. The sound pressure level of a sound measured through an A-weighting filter network. The level read is designated dB(A) or dBA.
   DECIBEL (dB). The unit used for comparing the sound pressure level of a sound to the sound pressure level of a reference sound having a sound pressure of 20 micropascals.
   FREQUENCY. The number of periodic oscillations, vibrations or waves per unit time (usually one second).
   HERTZ (Hz). The unit used for measuring the frequency of a sound. The number of HERTZ is the number of cycles per second of a periodic sound pressure wave.
   OCTAVE BAND. A portion of the entire sound frequency spectrum contained between two frequencies “a” and “b” such that a = 2b.
   SOUND PRESSURE LEVEL. Twenty times the logarithm (base 10) of the ratio of the measured sound pressure to a reference of 20 micropascals. The sound pressure level is expressed in decibels (dB).
SPL = 20 LOG 10 sound pressure a  
       sound pressure b
   sound pressure a = measured sound pressure
   sound pressure b = reference sound pressure
          (20 micropascals)
APPENDIX B: OCTAVE-BAND BREAKDOWNS OF DBA LIMITS FOR DIFFERENT ZONES
   The octave-band breakdowns of the dBA limits used in § 95.06 shall be as follows.
Octave-Band Center Frequency (Hz)
Maximum Boundary SPL (dB)
A..
Residential Zone: (55 dBA)
31.5
72
63
71
125
65
250
57
500
51
1,000
45
2,000
39
4,000
34
8,000
32
B.
Commercial Zone: (64 dBA)
31.5
79
63
78
125
73
250
67
500
61
1,000
55
2,000
50
4,000
46
8,000
43
C.
Industrial Zone: (66 dBA)
31.5
80
63
79
125
74
250
69
500
63
1,000
57
2,000
52
4,000
48
8,000
45
 
CHAPTER 96: LEGAL FIREWORKS
Section
   96.01   General
§ 96.01 GENERAL.
   (A)   Legal fireworks may be discharged within the town limits between the hours of 9 a.m. until 2 hours after sunset on the days of June 29, June 30, July 2, July 3, July 5, July 6, July 7, July 8 and July 9.
   (B)   Legal fireworks may also be discharged within the town limits between the hours of 9 a.m. until midnight on Memorial Day, Independence Day, Labor Day and New Year’s Eve.
(Ord. 2016-012, passed 6-27-16)
TITLE XI: BUSINESS REGULATIONS
Chapter
   110.   GENERAL LICENSING PROVISIONS
   111.   ADULT ENTERTAINMENT BUSINESSES
CHAPTER 110: GENERAL LICENSING PROVISIONS
Section
General Provisions
   110.01   Authority to license
   110.02   Applications
   110.03   Council approval
   110.04   Duration of license
   110.05   Issuance, revocation or suspension
Peddlers, Solicitors and Transient Merchants
   110.15   Definitions
   110.16   Exceptions to definitions
   110.17   License or registration required
   110.18   Application and procedures
   110.19   License ineligibility
   110.20   Suspension and revocation
   110.21   Transferable
   110.22   Badges and identification
   110.23   Prohibited activities
   110.24   Exclusion by placard
   110.25   Additional transient merchant requirements
   110.26   Trespass
   110.27   Nuisance
   110.28   Peddler, solicitor, transient merchant penalty
   110.29   Severability
Ice Cream Trucks
   110.30   Definitions
   110.31   Duty of driver
   110.32   Insurance
   110.33   Equipment required; use
   110.34   Inspection of trucks
   110.35   Operational restrictions
   110.36   Backing truck prohibited
Direct Sellers
   110.40   Definitions
   110.41   Registration required; exemptions
   110.42   Application for registration
   110.43   Investigation of application
   110.44   Appeal of denial
   110.45   Conduct of registrants
   110.46   Disclosure requirements
   110.47   Report on convictions
   110.48   Revocation of registration
Alcoholic Beverages
   110.55   Permits
   110.99   Penalty
Cross-reference:
   Authority to preserve public peace, see § 130.07
   Kennels, see § 93.17
   Median solicitation/roadblocks, see § 94.20 et seq.
Statutory reference:
   Issuance of licenses by Clerk-Treasurer, see I.C. 36-5-6-6(b)(8)
GENERAL PROVISIONS
§ 110.01 AUTHORITY TO LICENSE.
   The town has the authority to impose a fee that is reasonably related to the administrative cost of exercise a regulatory power.
(I.C. 36-1-3-8(a)(5)) (`93 Code, § 4-1)
§ 110.02 APPLICATIONS.
   Applications for a permit or license shall be made available by the Clerk/Treasurer, unless otherwise specified.
(`93 Code, § 4-2)
§ 110.03 COUNCIL APPROVAL.
   After examination, the Clerk/Treasurer shall grant the permit or license, unless good cause be shown why the permit or license should not be granted by the Town Council.
(`93 Code, § 4-3)
§ 110.04 DURATION OF LICENSE.
   (A)   (1)   All licenses issued under this chapter, unless specified otherwise on the license, shall be issued for the duration of the calendar year for which they were issued.
      (2)   Licenses shall expire on December 31.
   (B)   (1)   Every person who is issued a license under the provisions of this chapter shall exhibit the license in the place where the licensed activity is being conducted.
      (2)   If there are no premises, the person shall carry the license while engaged in the activity for which he or she has been licensed, and shall exhibit it to any town official or citizen upon request.
   (C)   The Police Department may inspect all places of business under license or required to have a license.
(`93 Code, § 4-4)
§ 110.05 ISSUANCE, REVOCATION OR SUSPENSION.
   The Clerk/Treasurer shall issue licenses upon payment of the license fees and compliance with the applicable provisions of this chapter. Licenses issued by the town may be revoked or seized if the person holding the license has violated the terms or conditions of the license or the law under which it was issued, or has conducted business in a manner as to constitute a threat to public health, safety or general welfare.
(`93 Code, § 4-5)
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
§ 110.15 DEFINITIONS.
   Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   HOA. Abbreviation for Homeowner Association. A homeowner association (HOA) is an organization in a subdivision, planned community, or residential building that makes and enforces rules for the properties and residents. Those who purchase property within an HOA’s jurisdiction automatically become members and are required to pay dues, which are known as HOA fees.
   NON-COMMERCIAL DOOR-TO-DOOR ADVOCATE. A person who goes door to door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purposes of this subchapter, the term DOOR-TO-DOOR ADVOCATE shall not fall under the term SOLICITOR and include door-to-door canvassing and pamphleteering intended for non-commercial purposes.
   PEDDLER. A person who goes from house to house, door to door, business to business, street to street, any other type of place-to-place movement, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale the goods, wares, products, merchandise, other personal property, or services that the person is carrying or otherwise transporting.
   PERSON. Any natural individual, group, organization, corporation, partnership, or similar association.
   PERSONAL FUNDRAISER. Any person, including a corporation or other entity, who, for compensation, performs any solicitations or other services for a religious, political, social, or other charitable organization.
   SOLICITOR. A person who goes from house to house, door to door, business to business, street to street, or any other type of place-to-place movement, for the purpose or obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur later. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above. For purposes of this subchapter, the term SOLICITOR shall have the same meaning as the term CANVASSER.
   TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer food truck, boxcar, tent, other portable shelter, or
empty storefront for the purpose of exposing or displaying for sale, selling, or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than three consecutive days.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.16 EXCEPTIONS TO DEFINITIONS.
   For the purpose of this chapter, peddler and solicitor, shall not apply to non-commercial door-to-door advocates. Nothing within this subchapter shall be interpreted to prohibit or restrict non-commercial door-to-door advocates. Persons engaging in non-commercial door-to-door advocacy shall not be required to register as a solicitor under this subchapter.
   (A)   Any person selling or attempting to sell wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler.
   (B)   Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk.
   (C)   Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route.
   (D)   Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large.
   (E)   Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales.
   (F)   Any person conducting an auction as a properly licensed auctioneer.
   (G)   Any officer of the court conducting a court-ordered sale.
   (H)   Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with any other applicable statutory provision or requirement provided by this subchapter or any other town ordinance.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.17 LICENSE OR REGISTRATION REQUIRED.
   (A)   State or county license required. No person shall conduct business as a peddler or solicitor in the town limits without first having obtained the appropriate license from the state or Clark County, including the Health Department, that may be necessary, if the state or county issues a license for the activity.
   (B)   (1)   Town license required. Except as otherwise provided for by this subchapter, no person shall conduct business within this jurisdiction as either a peddler or solicitor without first having obtained a license from the town.
      (2)   Exceptions.
         (a)   The license requirement shall not apply to a non-commercial advocate.
         (b)   No license shall be required of any person going from house to house, door to door, business to business, street to street, or other type of place to place movement for the primary purpose of exercising that person’s state or federal constitutional rights such as the freedom of speech, press, religion, political, or the like, except that this exemption may be lost if the person’s exercise of constitutional rights is merely incidental to a commercial activity.
         (c)   No license shall be required of any transient merchant operating at a town-sanctioned carnival, fair, festival, fundraiser, or other special event.
         (d)   No license shall be required of any transient merchant operating less than eight hours within a 24-hour period on a privately owned parcel with express written permission from the property owner operating.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.18 APPLICATION AND PROCEDURES.
   Peddlers/solicitors.
   (A)   Application. Application for a town license to conduct business as a peddler or solicitor shall be made at least ten regular business days before the applicant desires to begin conducting business. Each individual person conducting business as a peddler or solicitor make application for a town license. A license will not be granted in the name of a business or other entity. The applicant must appear in person and show proper identification. Application for a license shall be made on a form approved by the Town Attorney and available at the Police Department. All applications shall be signed by the applicant. All applications shall include the following information.
      (1)   Applicant’s full legal name and any other names under which the applicant conducts business or to which applicant officially answers.
      (2)   A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, and the like).
      (3)   Full address of applicant’s permanent residence.
      (4)   Full legal name of all business operations owned, managed, or operated by applicant, or for which applicant is an employee or agent.
      (5)   Full address of applicant’s regular place of business (if any).
      (6)   All business-related telephone numbers of the applicant.
      (7)   The type of business which the applicant intends to conduct.
      (8)   The dates during which the applicant intends to conduct business.
      (9)   A statement as to whether the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for the violation of any state or federal statute or any local ordinance, other than non-moving vehicle traffic offenses.
      (10)   A statement as to whether the applicant has any pending criminal charges.
      (11)   A list of the three most recent locations where the applicant has conducted business as a peddler or solicitor transient merchant.
      (12)   Proof of any requested state or county license.
      (13)   A general description of the items to be sold or services to be provided.
      (14)   The applicant’s driver’s license or other acceptable from of government-issued identification.
      (15)   The license plate number, registration information and vehicle identification number, and physical description for any vehicle to be used in conjunction with the licensed business operation.
      (16)   All additional information deemed necessary by the Police Department.
   (B)   Non-refundable. All applications shall be accompanied by a non-refundable fee, payable to the Police Department by certified or cashier check as follows.
 
Duration
Fee
Per month
$100
Per 3 months
$150
Per 6 months
$200
Per 12 months
$300
 
   (C)   Background check. The Police Department is required to do an investigation into the criminal record, driving record, business reputation, and personal character on all applicants for peddler or solicitor permits and the company represented by the applicant. In conducting the criminal history background investigation to screen such license applicants, the Police Department shall request a criminal history and driving record of the applicant through a third-party vendor. The applicant shall pay a separate, non-refundable background check fee of $100 to the Police Department as reimbursement for the third-party criminal and driving record check. Acceptable forms of payment are money orders and certified checks, payable to the town.
   (D)   (1)   Approval. Upon receipt of the completed application and payment of the license fee, the Chief of Police or their designee, within two regular business days, will determine if the application is complete. An application is determined to be complete if all required information is provided and the applicant has included a signed consent form authorizing a background check through the Police Department and/or any third-party vendor. If the Chief of Police or their designee determines that the application is incomplete, they must inform applicant of the required necessary information that is missing. If the application is complete, the Chief of Police or their designee must order an investigation including a criminal history and wanted persons check with the Police Department and other background checks necessary to verify the information provided with the application. In the case of questioned identity, where we cannot confirm if a record exists based on name and date of birth alone, fingerprint verification will be required.
      (2)   Within ten regular business days of receiving a complete application the Chief of Police or their designee must issue the license unless there exist grounds for denying the license application under this subchapter, in which case the Chief of Police or their designee must deny the request. If the Chief of Police or their designee denies the license, the applicant must be notified in writing of the decision, the reason for the denial, and the applicant’s right to appeal the denial by requesting, within 30 days of receiving notice of the rejection, the applicant may petition the Town Manager for review. The Town Manager shall review the decision of the Chief of Police within 20 days of the date of the request to either confirm or reverse the decision. The decision of the Town Manager can be appealed by petitioning the circuit court within 30 days of the final decision.
   (E)   Duration. A license granted under this chapter shall be valid through December 31 of the current calendar year. On January 1 of each year, the license shall automatically expire and be null and void.
   (F)   Professional fundraisers not exempt. A professional fundraiser working on behalf of an otherwise exempt person shall not be exempt from the licensing requirements of this section.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.19 LICENSE INELIGIBILITY.
   The following shall be grounds for denying a license under this chapter.
   (A)   The failure of an applicant to obtain and show proof of having obtained any required county license.
   (B)   The failure of an applicant to provide completely and truthfully disclose any of the information requested by the town as a part of the application, failure to sign the application, or the failure to pay the required fee at the time of application.
   (C)   The entry of a plea of guilty by the applicant or the conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the person’s ability to conduct the business for which the license is being sought in a professional, honest, and legal manner. Such violations include, but not be limited to burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threat of physical harm against another person.
   (D)   The revocation or cancellation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant from any other local government unit (i.e. city, township, or county).
   (E)   The applicant is found to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to: the existence of more than three complaints against the applicant with the Better Business Bureau, related industry business association, the Attorney General’s office, civil adjudication in a court of this state of a violation of state or federal consumer protection laws, or other similar business or consumer rights office agency, within the preceding 12 months, or three complaints filed against the applicant within the preceding five years upon which a finding of fault has been determined by that agency or the governmental unit.
   (F)   An applicant that has been denied can reapply in the next calendar year. All competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.20 SUSPENSION AND REVOCATION.
   (A)   Generally. Any license issued under this section may be suspended or revoked at the discretion of the Chief of Police for violation of the following.
      (1)   Subsequent knowledge by the town of fraud, misrepresentation, or incorrect statements provided by the applicant on the application form.
      (2)   Fraud, misrepresentation, or false statements made during the licensed activity.
      (3)   Subsequent conviction of any offense for which granting of a license could have been denied under this subchapter.
      (4)   Engaging in any prohibited activity as provided under this subchapter.
      (5)   Violations of any of the provisions of this subchapter.
   (B)   Notice. Prior to revocation or suspension of any license issued under this ordinance, the Police Department shall provide the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application.
   (C)   Hearing. Upon receiving the notice provided in division (B) of this section, the licensee shall have the right to request a review by the Town Manager. If no request for a review is received by the Chief of Police within ten days following the service of the notice, the town may proceed with the suspension or revocation. If a review is requested within the stated time frame, a review shall be completed within 20 days from the date of the request for the review. Within ten regular business days of the conclusion of the Town Manger’s decision, the licensee shall be notified the final decision.
   (D)   Emergency. If, in the discretion of the Chief of Police or Town Manager imminent harm to the health or safety of the public may occur because of the actions of a peddler licensed under this chapter, the
Chief of Police or Town Manager may immediately suspend the person’s license and provide notice of the right to hold a subsequent review as prescribed in division (C) of this section.
   (E)   Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision to the circuit court within 30 days.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.21 TRANSFERABLE.
   No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.22 BADGES AND IDENTIFICATION.
   (A)   Peddlers/solicitors. Any person who shall exercise the vocation of a peddler or solicitor shall keep on their person the town issued permit, issued in their name, containing a number to correspond to the number of the license, and license expiration date issued by the police. The license holder shall be worn in a conspicuous place on the person’s outer garment or clothing or produce the license immediately upon request. Solicitors and peddlers shall also have on their person a government-issued identification containing a current photograph.
   (B)   Transient merchants. Transient merchants shall post conspicuously in his or her place of business the license issued hereunder which license shall be shown at the request of any citizen or police.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.23 PROHIBITED ACTIVITIES.
   Peddlers, solicitors, transient merchants, non-commercial door-to-door advocates, and other persons engaged in similar activities shall not:
   (A)   Call attention to their business items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise to be unreasonably audible within an enclosed structure.
   (B)   Obstruct the free flow of either vehicular or pedestrian traffic on street, alley, sidewalk, or other public right-of-way.
   (C)   Conduct business in a way to create a threat to the health, safety, and welfare of any individual or the general public.
   (D)   Conduct business before 8:00 a.m. or after 8:00 p.m. or has received special permission from the Town Council. Said restriction shall not apply to a non-commercial advocate.
   (E)   Fail to provide proof of license or registration, and identification, when requested.
   (F)   Use the license or registration of another person.
   (G)   Allege false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the town solely based on the town having issued a licence or certificate of registration to that person.
   (H)   Remain on the property of another when requested to leave.
   (I)   Conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive.
   (J)   Solicit funds or anything of value on the public streets of the town. The active Fire Department contracted with the Tri-Township Fire Board is the only group exempted from this provision.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.24 EXCLUSION BY PLACARD.
   (A)   Any resident who wishes to exclude peddlers or solicitors from premises occupied may place upon or near the usual entrance to such premise a printed placard or sign bearing the following notice: “Peddlers and Solicitors Prohibited.” Any signage to the same, placed within a neighborhood public right of way by an active HOA with permission from the town, shall cover all dues paying properties within said HOA.
   (B)   Unless specifically invited by the property owner or tenant, no peddler or solicitor or other person engaged in other similar activities shall enter onto the property of another for the purpose of conducting business as a peddler or solicitor, or similar activity when the property is marked with a sign or placard.
   (C)   No person other than the person occupying such premises shall remove, deface, or otherwise tamper with such placard or sign.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.25 ADDITIONAL TRANSIENT MERCHANT REQUIREMENTS.
   (A)   Transient merchants are prohibited from operating in any town right-of-way, town-owned parking lots, parks, other town property unless part of a town-sanctioned event which is utilizing said space or given written permission by the Chief of Police and/or the Town Manager.
   (B)   No advertising shall be allowed on the street or sidewalk.
   (C)   The area in which the merchant operates shall be always kept clean and orderly and the transient merchant must provide their own refuse container.
   (D)   Transient merchants are prohibited on residential zoned properties unless part of a sanctioned special event hosted by an HOA and upon the prior written approval of the Chief of Police and/or the Town Manager. Any approval requests must be made within five business days prior to the special event and placement shall not last longer than eight hours.
   (E)   The town reserves the right to limit the number of transient merchants operating simultaneously on any single property, regardless of property zoning. The Director of Planning & Zoning shall determine the allowable number based on the size of the property, the needs of the public, the general flow of traffic on the site, and any other relevant factors necessary to preserve the intent of the district in which the property is located.
   (F)   All transient merchants must comply with all applicable Clark County Health Department requirements.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.26 TRESPASS.
   It is hereby declared to be unlawful and shall constitute trespass for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant and engage in soliciting or peddling in defiance of the notice exhibited at the main entrance of the residence or entry of a neighborhood where the HOA has elected to erect signage prohibiting solicitation pursuant to this subchapter.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.27 NUISANCE.
   It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant and engage in soliciting or peddling in unless invited to do so by the owner of the property.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.28 PEDDLER, SOLICITOR, TRANSIENT MERCHANT PENALTY.
   Any individual found in violation of any provision of this subchapter shall be subject to the penalty provisions of the § 110.99. Each act in violation of this subchapter shall constitute a separate punishable violation.
(Ord. 2023-OR-005, passed 2-27-23)
§ 110.29 SEVERABILITY.
   If any provision of this subchapter is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
(Ord. 2023-OR-005, passed 2-27-23)
ICE CREAM TRUCKS
§ 110.30 DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ICE CREAM TRUCK. Every motor vehicle in which ice cream, popsicles, ice sherbets or frozen desserts of any kind are carried for purposes of retail sale on the town streets.
   OPERATOR. Every person, firm or corporation who owns, leases, contracts or in any other fashion permits a person to operate on the town streets any ice cream truck for the purpose of vending as defined herein.
   PERSON. Includes every driver of such vehicle as defined herein.
   VEND or VENDING. Offering ice cream, popsicles, ice sherbets or frozen desserts for sale from a motor vehicle on the town streets.
(Ord. 2001-015, passed 4-9-01)
§ 110.31 DUTY OF DRIVER.
   (A)   The driver of a vehicle meeting or overtaking from either direction an ice cream truck stopped on the street shall stop no less than 25 feet from the front or rear of the truck when the flashing lights and stop signal arm are in use. After stopping, a driver may proceed past such truck at a reasonable and prudent speed, not exceeding ten miles per hour, and shall yield the right-of-way to any pedestrian who crosses the roadway to or from the ice cream truck.
   (B)   The driver of a vehicle on a street with separate roadways separated by a divider of some nature need not stop on meeting or passing an ice cream truck on the parallel roadway.
(Ord. 2001-015, passed 4-9-01)
§ 110.32 INSURANCE.
   (A)   No license shall be issued to an ice cream vendor selling from a truck unless a certificate is furnished to the town showing that the vendor is carrying the following minimum amounts of insurance:
      (1)   Public liability insurance in an amount of not less than $500,000 for injuries, including those resulting in death, resulting from any one occurrence and on account of any one accident; and
      (2)   Property damage insurance in an amount of not less than $25,000 for damages on account of any one accident or occurrence.
   (B)   Certificates shall contain an agreement signed by the insurance company that prior to modification, cancellation, or termination of the subject policy, written notice shall be sent to the Town Clerk/Treasurer by the insurance company.
(Ord. 2001-015, passed 4-9-01) Penalty, see § 110.99
§ 110.33 EQUIPMENT REQUIRED; USE.
   (A)   Equipment required. In addition to other equipment required by law, every ice cream truck shall be equipped with:
      (1)   Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing red lights on the front of the vehicle and two alternately flashing red lights on the rear of the vehicle, both lights visible at 500 feet in normal sunlight on a straight level street.
      (2)   A stop signal arm that can be extended horizontally from the left side of the truck duplicating the design and size of a standard 30-inch octagonal stop sign as set forth in the State Manual of Uniform Control Devices. This arm shall be red and white in color and contain two alternately flashing lights three to five inches in diameter at the top and bottom thereof, visible at 300 feet to the front and rear in normal sunlight on a straight level street. The color of the two lights facing to the front shall be red and the two lights facing to the rear shall be red. The bottom of the signal arm shall be 42 inches above the highway.
      (3)   A convex mirror mounted on the front so the driver in his normal seating position can see the area in front of the truck obscured by the hood.
   (B)   Use of required equipment.
      (1)   The driver of an ice cream truck stopped on the streets for the purpose of vending shall activate the special flashing lights and extend the stop signal arm required by division (A) of this section.
      (2)   These lights and the stop signal arm shall not be used when the truck is in motion nor at any time the truck is stopped for a purpose other than vending.
(Ord. 2001-015, passed 4-9-01) Penalty, see § 110.99
§ 110.34 INSPECTION OF TRUCKS.
   Every ice cream truck shall be inspected by the Police Department once each year prior to its use in the town for the purpose of retail sales of frozen dairy products. The Police Officer shall inspect each ice cream truck to determine whether it complies with the applicable sections of this code and other state and local laws. The Police Department shall assess a fee in the amount of $15 per vehicle for the inspection. All fees collected as part of this inspection of ice cream trucks shall be placed into the Police Department LEC Training Fund.
(Ord. 2001-015, passed 4-9-01)
§ 110.35 OPERATIONAL RESTRICTIONS.
   (A)   A person shall vend only when the ice cream truck is lawfully stopped.
   (B)   A person shall vend only from the side of the truck away from moving traffic and as near as possible to the curb or side of the street.
   (C)   A person shall not vend to a person standing in the roadway.
   (D)   A person shall not stop on the left side of a one-way street to vend.
   (E)   The operator of any ice cream truck which traverses the streets of the town for the purpose of vending products shall submit to the traffic officer of the town prior to March 1 of each year hereafter a detailed listing of the routes to be traveled each day by said motor vehicles. The Town Police Department shall approve or disapprove such routes within 30 days thereafter. Any routes not approved by the Town Police Department shall not be utilized by said operator.
   (F)   Every operator or person falling within the purview of this code shall at all times maintain in said vehicle, while vending products on the streets, a second person who shall act as a guard and lookout to assist the driver, and who shall at all times be available in, about and around the vehicle to assist customers with their safety. The second person shall be one who has received special training in traffic safety, based on a curriculum and educational experience to be devised and carried out by specialized personnel of the Police Department. This division shall be deemed complied with for the second person on each vehicle on the issuance of a certificate of said specialized training by the Chief of Police.
(Ord. 2001-015, passed 4-9-01) Penalty, see § 110.99
§ 110.36 BACKING TRUCK PROHIBITED.
   The driver of an ice cream truck shall not back the truck to make or attempt a sale.
(Ord. 2001-015, passed 4-9-01) Penalty, see § 110.99
DIRECT SELLERS
§ 110.40 DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHARITABLE ORGANIZATIONS. Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.
   CLERK. The Town Clerk/Treasurer.
   DIRECT SELLER. Any individual who, for himself, or for a partnership, association or corporation, sells goods, or takes orders for the later delivery of goods, at any location other than the permanent business place or residence of the individual, partnership, association or corporation, and shall include, but not be limited to transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
   GOODS. Includes personal property of any kind, and shall include goods provided incidental to services offered or sold.
   PERMANENT MERCHANT. A direct seller who, for at least one year prior to the consideration of the application of this subchapter to the merchant, has continuously operated an established place of business in this town or has continuously resided in this town and now does business from his residence.
(Ord. 2001-015, passed 4-9-01)
§ 110.41 REGISTRATION REQUIRED; EXEMPTIONS.
   (A)   It shall be unlawful for any direct seller to engage in direct sales within the town without being registered for that purpose as provided herein.
   (B)   The following shall be exempt from all provisions of this subchapter:
      (1)   Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes;
      (2)   Any person selling goods at wholesale to dealers in such goods;
      (3)   Any person selling agricultural products which the person has grown;
      (4)   Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by the merchant within the town and who delivers such goods in his regular course of business;
      (5)   Any person who has an established place of business where the goods being sold are offered for sale on a regular basis, and in which the buyer has initiated contact with, and specifically requested a home visit by, that person;
      (6)   Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer;
      (7)   Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods;
      (8)   Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law;
      (9)   Any employee, officer or agent of a charitable organization which has secured a permit as provided for in this chapter; and
      (10)   Sellersburg Celebrates booths and concessions provided the operators of the booths and concessions have prior approval of the Sellersburg Celebrates Committee.
(Ord. 2001-015, passed 4-9-01) Penalty, see § 110.99
§ 110.42 APPLICATION FOR REGISTRATION.
   (A)   Applicants for registration must complete and return to the Town Clerk/Treasurer a registration form furnished by the Clerk/Treasurer which shall require the following information:
      (1)   Name, permanent address and telephone number, and temporary address, if any;
      (2)   Age, height, weight, and color of hair and eyes;
      (3)   Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by, or whose merchandise is being sold;
      (4)   The temporary address and telephone number from which business will be conducted, if any;
      (5)   The nature of the business to be conducted and a brief description of the goods offered, and any services offered;
      (6)   The proposed method of delivery of goods, if applicable;
      (7)   The make, model and license number of any vehicle to be used by applicant in the conduct of his business;
      (8)   The last three previous cities and towns, where applicant conducted similar business;
      (9)   A place where the applicant can be contacted for at least seven days after leaving the town; and
      (10)   A statement as to whether the applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business within the last five years and if so, the nature of the offense and the place of conviction.
   (B)   Each applicant shall present to the Clerk-Treasurer for examination the following:
      (1)   A driver's license or some other proof of identity as may be reasonably required;
      (2)   A state certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by the state authorities;
      (3)   A State Health Officer's certificate where applicant's business involves the handling of food or clothing and is required to be certified under state law. The certificate shall state that the applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the application for a license is made;
      (4)   At the time the registration is returned, a fee of $25 shall be paid to the Clerk/Treasurer to cover the cost of processing the registration; and
      (5)   Upon payment of the fee, the Clerk/Treasurer shall register the applicant as direct seller and date the entry. The registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided herein.
(Ord. 2001-015, passed 4-9-01)
§ 110.43 INVESTIGATION OF APPLICATION.
   Upon receipt of each application, the Town Clerk/Treasurer may refer it immediately to the Chief of Police who may make and complete an investigation of the statements made in the registration. The Clerk/Treasurer shall refuse to register the applicant if it is determined, pursuant to the investigation that the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received and proven against the applicant by authorities in the three previous cities and towns in which the applicant conducted similar business; or the applicant failed to comply with any applicable provision of hereof. If the applicant has been convicted of any offense, the Clerk/Treasurer consider the acts upon which the conviction resulted as to whether the applicant should be entrusted to serve the public as a direct seller.
(Ord. 2001-015, passed 4-9-01)
§ 110.44 APPEAL OF DENIAL.
   Any person denied registration may appeal the denial to the Town Council. The Town Council shall hold a public hearing on the denial within ten days after the appeal is filed.
(Ord. 2001-015, passed 4-9-01)
§ 110.45 CONDUCT OF REGISTRANTS.
   The following regulations shall govern the conduct of registrants hereunder:
   (A)   It shall be unlawful for a direct seller to misrepresent or make false, deceptive, or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his visit, his identity or the identity of the organization he represents. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. The portion shall be expressed as a percentage of the sale price of the goods.
   (B)   It shall be unlawful for any direct seller to impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
   (C)   It shall be unlawful for any direct seller to make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a 100-foot radius of the source.
   (D)   It shall be unlawful for any direct seller to allow rubbish or litter to accumulate in or around the area in which he or she is conducting business.
(Ord. 2001-015, passed 4-9-01) Penalty, see § 110.99
§ 110.46 DISCLOSURE REQUIREMENTS.
   The following requirements shall govern the conduct of registrants:
   (A)   If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel the transaction within three days if it involves the extension of credit or is a cash transaction of more than $25.
   (B)   If the direct seller takes a sales order for the later delivery of goods, he shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance whether full, partial or no advanced payment is made, the name, address and telephone number of the seller, the delivery or performance date and whether a guarantee or warranty is provided and, if so, the terms thereof.
(Ord. 2001-015, passed 4-9-01) Penalty, see § 110.99
§ 110.47 REPORT ON CONVICTIONS.
   The Chief of Police shall report to the Town Clerk/Treasurer all convictions for violations of this subchapter and the Clerk/Treasurer shall note any such violation on the record of the registrant convicted.
(Ord. 2001-015, passed 4-9-01)
§ 110.48 REVOCATION OF REGISTRATION.
   The registration of a direct seller may be revoked by the Town Clerk/Treasurer for any material violation of this subchapter. No registration will be revoked without prior written notice to the registration holder and an opportunity for a hearing within seven days.
(Ord. 2001-015, passed 4-9-01)
ALCOHOLIC BEVERAGES
§ 110.55 PERMITS.
   Establishments desiring to have a liquor retailer's permit must be approved by proper ordinance of the Town Council.
(`93 Code, § 4-60)
Statutory reference:
   Liquor retail permits, see I.C. 7.1-3-9-3 et seq.
§ 110.99 PENALTY.
   Any person, firm, or corporation violating any provision of §§ 110.15 et seq., §§ 110.30 et seq., or §§ 110.40 et seq. for which no specific penalty is provided, shall be guilty of a violation, and, on conviction thereof, shall be fined not less than $25 nor more than $100 for each offense. A separate offense shall be deemed committed on each day on or during which a violation occurs or continues.
(Ord. 2001-015, passed 4-9-01)
CHAPTER 111: ADULT ENTERTAINMENT BUSINESSES
Section
   111.01   Definitions
   111.02   Licensing
   111.03   Sellersburg Adult Entertainment Commission
   111.04   Eligibility for licensure
   111.05   Appeal of decision of Adult Entertainment Commission
   111.06   Adult entertainment enforcement officer and staff
§ 111.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT ENTERTAINER. Any individual who engages in conduct as defined in LIVE ADULT ENTERTAINMENT in this section who receives a salary, wages, tips, gratuities or other remuneration either from patrons of a business or from the owner, operator his or her assigns, partners, employees or agents for services or performances as defined in LIVE ADULT ENTERTAINMENT in this section.
   BUSINESS. Any business within the Municipal limits of the Town of Sellersburg wherein those activities as defined in LIVE ADULT ENTERTAINMENT in this section are conducted for profit.
   LIVE ADULT ENTERTAINMENT. 
      (1)   Any live performance which the average person, applying contemporary community standards, finds that the dominant theme of the performance, taken as a whole, appeals to the basic interest in sex.
      (2)   Any live performance wherein the matter of the performance depicts or describes, in a patently offensive way, sexual conduct.
      (3)   Any live performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.
      (4)   Any live performance wherein the participant appears in a state of nudity.
      (5)   Any business wherein its employees, sub-contractors, independent contractors, or any individual who performs any service upon the premises who receives a salary, wages, tips, gratuities or other remuneration either from the patrons of the business or from the owner, operator, his or her assigns, partners, employees or other agent, wherein the employee, sub-contractor, or individual performs the service in a state of nudity.
   NUDITY.
      (1)   The showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering;
      (2)   The showing of the female breast with less than a fully opaque covering of any part of the nipple; or
      (3)   The depiction of covered male genitals in a discernible turgid state.
   OPERATOR. An individual, corporation, partnership, manager or other person who conducts the day-to-day operation of a business as defined herein.
   OWNER. Any person who owns or has legal right to possession of a building, store front or structure within which any of those defined businesses are being operated.
   PERFORMANCE. Any play, dance or other live exhibition or presentation, performed before an audience of one or more persons.
   PERSON. Individual, firm, corporation, association, fiduciary, partnership or any other business entity.
(Ord. 2011-003, passed 2-14-11)
§ 111.02 LICENSING.
   (A)   Owner’s licensing. Any person who owns a building or structure which is to be utilized as a place for live adult entertainment shall apply in writing to the office of the Sellersburg Plan Commission, upon a form to be furnished by the Sellersburg Plan Commission. That the form shall require the following information as well as any and all other information deemed appropriate by the “Adult Entertainment Commission”, (hereinafter AEC).
      (1)   The name, address, telephone number, social security number and date of birth of the owner. If the owner is a corporation, partnership or other business entity the applicant must provide the above information for all of those principals in the business entity.
      (2)   If the owner is a corporation the applicant must provide a copy of the corporation’s articles of incorporation. Moreover, the applicant must provide proof that the corporation has no outstanding corporate taxes, both federal and state.
      (3)   The applicant must provide proof that all property taxes upon the structure or building are current and provide certified acknowledgement that no liens have been placed against said building or structure for municipal services such as sewage, water and/or other services provided.
      (4)   The names, addresses and telephone numbers of any and all other live adult entertainment businesses which the owner is a partner, employee, stockholder, sole proprietor or has any affiliation or association as either an owner or operator.
      (5)   The applicant must provide written statements from not less than three bona fide residents of the County of Clark setting forth that the applicant is of good moral character.
   (B)   Owner’s licensing fee. The completed application shall be accompanied by a certified check made payable to the Town of Sellersburg in the amount of $5,000. The check shall be placed in escrow pending determination of the applicant’s fitness for licensure.
      (1)   If it is determined by the AEC that the owner is suitable for licensure, the full amount of $5,000 shall be transferred to the town’s General Fund;
      (2)   If the AEC denies the owner’s application the Town of Sellersburg shall return $4,000 of the fee to the owner. The remaining $1,000 shall be transferred to the town’s General Fund for the purpose of offsetting administrative and regulatory costs;
      (3)   The owner’s license shall be displayed at all times in a public place visible. The failure to display this license in a public place shall result in a $2,500 fine.
   (C)   Operator’s license. Any person who shall serve as the operator of a place for live adult entertainment shall apply in writing to the office of the Sellersburg Plan Commission, upon a form to be furnished by the Sellersburg Plan Commission. The form shall require the following information as well as any and all other information deemed appropriate by the AEC:
      (1)   The name, address, telephone number, social security number and date of birth of the operator;
      (2)   The operator’s previous address for the ten years prior to the filing of the application;
      (3)   A full criminal history of the applicant including, but not limited to misdemeanor and juvenile offenses;
      (4)   The operator’s previous employer’s for the ten years prior to the filing of the application;
      (5)   The applicant must also execute a waiver and release permitting the AEC and its investigator to secure information from the applicant’s previous employers;
      (6)   The applicant’s mental health history for the ten years prior to the filing of the application;
      (7)   The names, address and telephone numbers of any and all other live adult entertainment businesses which the operator is a partner, employee, stock-holder, sole proprietor or has any affiliation or association as either an owner or operator;
      (8)   The applicant must also execute a waiver and release permitting the AEC and its investigator to secure information from the applicant’s previous employers, the Indiana State Welfare Department, the Kentucky State Welfare Department and the United States Justice Department. Moreover, the applicant shall appear at the Sellersburg Police Department for finger printing;
      (9)   The applicant must also present three forms of photographic identification. If it is determined by the AEC that these forms of identification are insufficient the applicant request shall be denied; and
      (10)   The applicant must provide written statements from not less than three bona filed residents of the County of Clark setting forth that the applicant is of good moral character.
   (D)   Operator’s licensing fee. The completed application shall be accompanied by a certified check made payable to the Town of Sellersburg in the amount of $5,000. The check shall be placed in escrow pending determination of the applicant’s fitness for licensure.
      (1)   If it is determined by the AEC that the operator is suitable for licensure, the full amount of $5,000 shall be transferred to the town’s General Fund.
      (2)   If the AEC denies the operators’ application the town shall return $4,000 of the fee to the operator. The remaining $1,000 shall be transferred to the town’s General Fund for the purpose of offsetting administrative and regulatory costs.
   (E)   Licensed operator on premises and license visible upon premises. No adult entertainment business shall be in operation at any time unless a licensed operator is present and located upon the premises. Further, an operator must at all times possess his or her license and the license shall be visible to the public eye.
      (1)   Penalties. If an adult entertainment business is found to be operating without a licensed operator upon the premises the business shall be fined $2,500 for each offense. Moreover, if the operator fails to display his or her license upon his or her person wherein it is visible to the public eye he or she shall be fined $2,500.
      (2)   Automatic suspension of license. If an adult entertainment business is found to be in operation without a licensed operator upon the premises, the Sellersburg Police Department shall immediately pad-lock the doors of the establishment pending the resolution of the violation. Moreover, the owner’s license shall be immediately revoked and suspended as well as the license of all those operators who have been granted license to operate upon the premises. The same shall be enforced if the operator does not possess his or her license or same is not upon his or her person and visible to the public eye.
      (3)   Operator’s employment limitation. No one shall be granted a license to operate an adult entertainment business in the town if that individual is employed in any capacity by any other adult entertainment business. This prohibition includes employment at an adult entertainment business in any city, county or state within the United States of America, Canada or South America.
         (a)   If an operator receives a license from the town and it is later determined that the operator is employed by any other adult entertainment business, the operator’s license shall be immediately revoked and the operator shall be fined $2,500.
         (b)   Moreover, the owner of the adult entertainment business wherein the operator was employed shall immediately have his or her owner’s license suspended for a period of not less than 90 days nor more than 180 days and shall be fined $2,500.
         (c)   That the owner shall have the burden of notifying the AEC, its agent and/or designee when an operator is not longer employed by the owner. The owner shall be prohibited from asserting the defense of “lack of knowledge” of the operator’s additional employment.
         (d) Burden upon owner. The owner shall have the burden of knowing the employment history of its operators. The owner shall be presumed to have knowledge of whether or not an operator is employed by another adult entertainment business while serving as a licensed operator on behalf of the owner.
   (F)   Entertainer license. Any person who shall serve as an entertainer at a place for live adult entertainment shall apply in writing to the office of the Sellersburg Plan Commission, upon a form to be furnished by the Sellersburg Plan Commission. The form shall require the following information as well as any and all other information deemed appropriate by the AEC:
      (1)   The name, address, telephone number, social security number and date of birth of the entertainer;
      (2)   The entertainer’s previous address for the ten years prior to the filing of the application;
      (3)   A full criminal history of the applicant including, but not limited to misdemeanor and juvenile offenses;
      (4)   The entertainer’s previous employers for the ten years prior to the filing of the application;
      (5)   The applicant must also execute a waiver and release permitting the AEC and its investigator to secure information from the applicant’s previous employers, the Indiana State Welfare Department, the Kentucky State Welfare Department and the United States Justice Department. Moreover, the applicant must appear at the Sellersburg Police Department for finger printing;
      (6) The applicant’s mental health history for the ten years prior to the filing of the application;
      (7)   The names, address and telephone numbers of any and all other live adult entertainment businesses which the applicant is a partner, employee, entertainer, stockholder, sole proprietor or has any affiliation or association as either an owner or operator;
      (8)   The applicant must also present three forms of photographic identification. If it is determined by the AEC that these forms of identification are insufficient the applicant’s request shall be denied;
      (9)   The applicant must provide written statements, from not less than three bona fide residents of the County of Clark, setting forth that the applicant is of good moral character; and
      (10)   A certificate from a medical doctor designating that the applicant has, within the 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease. Including but not limited to venereal disease, H.I.V., Hepatitis or other such diseases.
   (G)   Entertainer licensing fee. The completed application shall be accompanied by a certified check made payable to the town in the amount of $5,000. The check shall be placed in escrow pending determination of the applicant’s fitness for licensure.
      (1)   If it is determined by the AEC that the entertainer is suitable for licensure, the full amount of $5,000 shall be transferred to the town’s General Fund;
      (2)   If the AEC denies the entertainer’s application the town shall return $3,000 of the fee to the owner. The remaining $2,000 shall be transferred to the town’s General Fund for the purpose of offsetting administrative and regulatory costs.
   (H)   Entertainer licensing mandatory. No person shall be permitted to perform at an adult entertainment business at any time unless that person has a valid license issued by the AEC and the town. Further, the entertainer must possess the license upon their person at all times. The license must be affixed upon the person in such a manner and fashion that it is visible to the public eye.
      (1)   Penalty. If an entertainer performs at an adult entertainment business without a license, the business shall be fined $2,500 for each offense. Moreover, if an entertainer fails to possess their license upon their person in a manner and fashion wherein it is visible to the public eye, they shall be fined $2,500.
      (2)   Automatic Suspension of License. If an entertainer performs at an adult entertainment business without a license, the Sellersburg Police Department shall immediately pad-lock the doors of the establishment pending the resolution of the violation. Moreover, the owner’s license shall be immediately revoked and suspended as well as the license of all of those operators who have been granted license to operate upon the premises.
   (I)   Entertainer’s employment limitation. No one shall be granted a license to entertain at an adult entertainment business in the town if that individual is employed in any capacity by any other adult entertainment business. This prohibition includes employment at an adult entertainment business in any city, county or state within the United States of America, Canada or South America.
      (1)   If an entertainer receives a license from the town and it is later determined that the entertainer is employed by any other adult entertainment business the entertainer’s license shall be immediately revoked and the operator shall be fined $2,500.
      (2)   Moreover, the owner of the adult entertainment business wherein the entertainer was employed shall immediately have his or her owner’s license suspended for a period of not less than 90 days or more than 180 days and shall be fined $2,500.
      (3)   The owner shall have the burden of notifying the AEC, its agent and/or designee when an entertainer is no longer employed by the owner.
      (4) Burden upon owner. The owner shall have the burden of knowing the employment history of its entertainers. The owner shall be presumed to have knowledge of whether or not an entertainer is employed by another adult entertainment business while serving as a licensed entertainer on behalf of the owner.
   (J)   Dual licensure. No person shall be permitted to hold more than one license pursuant to this chapter. If a person possesses more than one valid license pursuant to this chapter, that person shall be fined $2,500 and that person’s license shall be revoked.
   (K)   Exclusivity. A person who is issued a license pursuant to this chapter shall be prohibited from engaging in any other conduct other than that for which they have received a license.
      (1)   No licensed owner shall be permitted to serve as an operator or an entertainer.
      (2)   No licensed operator shall be permitted to serve as an entertainer or owner.
      (3)   No entertainer shall be permitted to serve as an operator or owner.
      (4)   Penalty. If a licensee is found to violate this division of the section the licensee shall be fined $2,500.
   (L)   License expiration date. All licenses issued under this chapter shall expire one year from the date upon which they are issued.
      (1)   Renewal. If the licensee desires renewal of their license, they shall be obligated to submit their request for renewal not less than 90 days prior to the date of expiration. If the licensee fails to submit their request for renewal timely, the licensee shall be prohibited from submitting an application for licensure for a period of one year. This prohibition shall include submitting a request for licensure under any provision of this chapter.
      (2)   Renewal fees. The fees for renewal of licensure shall be 80% of those amounts required upon the initial application for licensure. The distribution upon denial of renewal shall be adjusted pro rata as set forth in the initial application. If renewal is granted, the full amount of the fee shall be distributed to the town’s General Fund for the purpose of paying the cost of administration of the AEC and its enforcement of this chapter.
(Ord. 2011-003, passed 2-14-11)
§ 111.03 SELLERSBURG ADULT ENTERTAINMENT COMMISSION.
   (A)   Purpose of Commission. The town shall form the AEC which shall be obligated to conduct hearings, investigations and any and all other activities which the AEC deems necessary to implement the legislative intent of this chapter.
   (B)   Members; appointments, terms of service. The AEC shall consist of seven members which shall be appointed by the Town Council. The members shall serve at the will of the appointing bodies.
      (1)   Appointments. Each member shall be a resident of the town. At least one shall be a member of the clergy or a minister. At least two shall be a member of the Democrat Party. At least two shall be a member of the Republican Party. One appointment shall be a member of the Southern Indiana Chamber of Commerce. Two of the appointments shall be a female. Each shall serve for a period of one year from the date of their appointment or until the Town Council determines otherwise.
      (2)   Compensation. Each member of the AEC shall be paid $50 for each meeting or hearing which they are required to attend. These payments shall be made from those monies paid by the applicants in the form of application fees. The members of the AEC shall not be entitled to payment if no application funds are available.
   (C)   Powers of the Commission. The Commission shall have all of those powers specifically enumerated by this chapter as well as any additional powers which it determines necessary to comply with the chapter. These powers include, but are not limited to:
      (1)   Subpoena. The power to issue subpoenas requesting documents or requiring the presence of witnesses to appear before the Commission;
      (2)   Legal counsel. The Commission has the authority to hire legal counsel to assist in conducting its investigations or hearings upon those applications submitted. However, the funds to pay for legal counsel shall be paid solely and exclusively from those application fees. If there are no fees available, the Commission shall be prohibited from hiring counsel;
      (3)   Conduct of hearings. The Commission shall be permitted to conduct public hearings upon each application. They shall be permitted to question witnesses as well as question the applicant and cross-examine the applicant’s witnesses. Moreover, the Commission is permitted to present witnesses on its own behalf. Further, upon the close of presentation of witnesses by the applicant and the Commission, members of the public shall be permitted to testify. Upon the conclusion of such hearings the Commission shall issue its findings of facts and decision within 30 days. The decision and findings shall be delivered by certified mail to the applicant’s address as provided upon the application. The Commission shall also provide its decision and findings to the Town Council; and
      (4)   Additional powers. The Commission shall be granted any and all other powers which the Town Council shall deem appropriate and as adopted as amendments to this chapter.
(Ord. 2011-003, passed 2-14-11)
§ 111.04 ELIGIBILITY FOR LICENSURE.
   (A)   Adult Entertainment Commission determination. The AEC shall determine whether an applicant is eligible for licensure after conducting a public hearing upon the application.
      (1)   Time, place and manner of hearing. The AEC shall conduct the hearing upon an application not later than 60 days after the completed application has been submitted to the Town Council. The hearing shall be held at 316 East Utica Street, Sellersburg, Indiana at a time established by the AEC. The AEC shall provide public notice of the hearing as prescribed by the Indiana Open Door Law. The hearing shall be conducted pursuant to those administrative procedures as set forth in that ordinance enabling and creating the AEC.
      2)   Eligibility requirements. The AEC shall submit those additional criteria upon which they shall evaluate and determine the eligibility of each applicant. However, NO APPLICANT SHALL BE GRANTED LICENSURE IF:
         (a)   The applicant has been convicted of a felony or has been convicted of any crime of moral turpitude;
         (b)   Following the investigation of the AEC it is determined that the applicant provided false or misleading information in the application, omitted information or failed or refused to comply with the reasonable requests of the AEC investigator;
         (c)   After a hearing is conducted by the AEC it is determined that the applicant is not of good moral character;
         (d)   The AEC determines that the applicant has failed to pay its Indiana gross income taxes, Indiana real estate taxes or has any outstanding debts to the town’s Sewer Department or any other governmental entity other than the United States Internal Revenue Service; or
         (e)   For any and all other circumstances as set forth by the AEC.
(Ord. 2011-003, passed 2-14-11)
§ 111.05 APPEAL OF DECISION OF AEC.
   (A)   Adverse decision. If the AEC denies an applicant’s request for licensure, the applicant is permitted to appeal the AEC’s determination to the Town Council. The aggrieved party or their representative shall provide notice of their intent to appeal to each member of the AEC and each member of the Town Council. Notice of intent to appeal shall be served upon the above parties not less than ten days after the AEC’s decision has been published.
      (1)   Content of notice. The applicant’s notice must set forth all of those facts and law upon which the applicant bases their appeal.
      (2)   Hearing upon appeal. The Town Council shall set the matter for public hearing not more than 60 days from the date upon which notice of appeal was served.
      (3)   Conduct of hearing. The Town Council shall review the findings of the AEC as well as the contentions of the applicant. The Town Council shall hear oral argument upon the issues from the applicant and the AEC.
      (4)   Standard of review. The Town Council shall submit its findings and judgment not more than 30 days from the date of hearing. The Town Council shall only reverse the decision of the AEC if it is determined that the AEC’s decision was arbitrary or capricious or was contrary to law.
(Ord. 2011-003, passed 2-14-11)
§ 111.06 ADULT ENTERTAINMENT ENFORCEMENT OFFICER AND STAFF.
   (A)   Purpose. In order to effectively exercise those regulatory powers established by the Town Council, it is necessary to appoint a person to serve as an enforcement officer. Moreover, in order to administer the regulatory powers established by the Town Council, the enforcement officer will require clerical assistance.
   (B)   Enforcement officer. The enforcement officer shall be appointed by the Town Council. The enforcement officer shall be vested with all of those powers necessary to enforce the Adult Entertainment Ordinance.
      (1)   Duties. The enforcement officer shall investigate ah applications submitted by owners, operators and entertainers. The officer shall report his or her findings to the AEC, the Town Council.
      (2)   Enforcement powers. The enforcement officer shall be a sworn member of the Town of Sellersburg Police Department and shall have all of those lawful powers of arrest. The officer shall be in charge of ensuring that all owners, operators and entertainers are duly licensed and possess those licenses upon their person and/or premises at all times.
      (3)   Compensation. The enforcement officer’s salary, benefits and other expenses shall be paid exclusively from those funds collected as applications fees and licensing fees pursuant to this chapter. If the funds are not available, no staff position can be created. The enforcement officer shall not be hired until application has been made by an owner, operator or entertainer. It is within the discretion of the Town Council or the AEC to request that the Police Department assist in investigation of applicants until adequate funds have been collected to pay for this administrative and regulatory expense. It is within the discretion of the Town Council upon request of the AEC or enforcement officer, to provide funding for staff to assist the enforcement officer in the administration and regrlation of this chapter.
      (4)   Temporary services. It is within the discretion of the Town Council or the AEC to sub-contract with persons to conduct the preliminary investigation of applicants. This provision shall be only invoked in the instance that there is not an adequate amount of funds available from the application fees.
   (C)   Prior approval. The AEC or the Town Council shall receive proposals from those persons desiring to conduct this service. The proposals shall include a statement of the full cost of the service as well as a statement of what services shall be performed. No contract shall be granted to any person without first being approved by the Town Council.
(Ord. 2011-003, passed 2-14-11)
TITLE XIII: GENERAL OFFENSES
Chapter
   130.   GENERAL OFFENSES
CHAPTER 130: GENERAL OFFENSES
Section
   130.01   Littering
   130.02   Horses on sidewalks
   130.03   Firearms; weapons
   130.04   Basketball goals
   130.05   False police alarms
   130.06   Signs on utility poles
   130.061   Temporary political and community event signs
   130.07   Authority to preserve public peace
§ 130.01 LITTERING.
   The putting, throwing, dumping, leaving or depositing or causing to be put, thrown, dumped, left or deposited, any paper, boxes, tin cans, brush, brick, wood, glass, dirt, sand, gravel, grass, leaves, debris, rubbish or refuse of any kind or character whatsoever, in or upon or within the limits of any street, alley, sidewalk, yard, thoroughfare or public way in the town, without permission, shall be unlawful. This section shall be enforced by the Police Department.
(`93 Code, § 6-108) (Ord. 502, passed 4-22-91) Penalty, see § 10.99
Cross-reference:
   Littering, see § 95.05
Statutory reference:
   Littering, see I.C. 35-45-3-2
§ 130.02 HORSES ON SIDEWALKS.
   No person shall ride, lead or otherwise cause a horse to use the sidewalks within the town.
(`93 Code, § 6-109) (Ord. 327, passed 4-28-80; Am. Ord. 431, passed 10-27-86) Penalty, see § 10.99
§ 130.03 FIREARMS; WEAPONS.
   (A)   (1)   It shall be unlawful for any person to discharge or cause to be discharged any gun, pistol or other firearms, squib, bomb or fireworks of any kind, within the corporate limits of the town.
      (2)   Authorized personnel shall be allowed, within the town, to discharge pistols, screamers, exploders and/or other pyrotechnic devices within the town limits for the purpose of effectuating the removal of birds from various areas within the corporate limits of the town.
      (3)   An animal control officer, police officer and/or other individual who has received written consent from the animal control officer shall be authorized to discharge pistols, screamers, exploders and/or other pyrotechnic devices within the town limits, for effectuating the removal of birds from various areas within the corporate limits of the town.
      (4)   The written authorization granted by the town's animal control officer shall be for a period of time not to exceed 14 consecutive days.
(`93 Code, § 6-110) (Ord. 22, passed - -; Am. Ord. 94-602, passed - -94 )
   (B)   (1)   It is made unlawful for any person to shoot an air gun or BB gun in the corporate limits of the town.
      (2)   An air gun or BB gun, for the purposes of this section, is defined to be a gun that impels by compressed air or spring a pellet, shot or other object.
   (C)   (1)   Any non-profit or charitable organization which desires to conduct a fund raising event which involves the discharge of a firearm within the municipal limits, shall submit a request in writing, 14 days prior to the event to the Chief of Police which shall include the date, time anticipated number of participants, the type of firearm which will be discharged, the type of round which will be utilized and the safety procedures proposed to be used during the event.
      (2)   The Chief of Police shall review the written request and determine if the proposed event will be conducted in a manner which poses little or no safety risk to the participants or viewing public.
      (3)   The Chief of Police shall have sole and complete discretion in approving or denying the request; and
      (4)   Each non-profit or charitable organization desiring to conduct an event which involves the discharge of a firearm within the municipal limits shall pay a per event application fee of $50.
(Ord. 2005-007, passed 3-14-05) Penalty, see § 10.99
Statutory reference:
   Handguns, see I.C. 35-47-2-7
§ 130.04 BASKETBALL GOALS.
   The Police Department may take any action authorized by Chapter 95 against any property owner whose basketball goal, because of its location in conjunction with the streets of the town, creates a nuisance for drivers and/or citizens of the town.
(`93 Code, § 6-112) (Ord. 499-A, passed 4-22-91) Penalty, see § 10.99
§ 130.05 FALSE POLICE ALARMS.
   (A)   Any individual or entity, whether in person or by remote or automatic device, makes a report of a false police alarm shall be penalized by civil penalty.
   (B)   All persons and entities shall be penalized for service of false alarms if the Police Department receives more than three false alarms during any 12-month period originating from the person or entity or from property owned or occupied by the person or entity.
(`93 Code, § 6-113) (Ord. 506, passed 7-22-91)
§ 130.06 SIGNS ON UTILITY POLES.
   (A)   It shall be unlawful for any person, firm or association to place or attach any poster, card, sign or any other form of political or commercial advertising upon any utility pole located within the boundaries of the town.
   (B)   (1)   In any case where any violation of this section may be found to exist, police officers shall serve notice upon the violator, ordering that person, firm or association to abate the violation within three days.
      (2)   If the owner, person, firm or association placing the sign refuses or neglects to abate the violation after the notice is given, then that person, firm or association shall be subject to the penalties provided herein.
      (3)   (a)   In addition, the Town Council may cause the violation to be abated in any manner authorized by law, including removing the signs and instituting civil suit against the owner, person or persons, firm or association having placed the sign upon the utility pole. In the event of a civil action the town may recover the expense for abatement of the violation in addition to any fines, costs and other fees associated with the enforcement of this section.
         (b)   If the Council abates the violation, it shall notify the Clerk/Treasurer of that cost.
         (c)   The Clerk/Treasurer shall promptly notify the owner, or person or persons, firm or association placing the sign on the pole of that cost; and if that amount is not paid within 30 days, then the proper officers of the town shall proceed to collect this amount either by causing the costs to be placed on the tax duplicate of the violator or by suit.
   (C)   The requirements for service of notice under the provision of division (B) above may be complied with by mailing the notice by registered or certified mail to the last known address of the person or persons, firm or association sought to be notified, or by personal service of the notice by the Police Department.
(`93 Code, § 6-114) (Ord. 395, passed 9-24-84; Am. Ord. 95-620, passed 4-24-95; Am. Ord. 99-726, passed 9-27-99) Penalty, see § 10.99
§ 130.061 TEMPORARY POLITICAL AND COMMUNITY EVENT SIGNS.
   Temporary political campaign signs and signs promoting community or not-for-profit events are permitted, subject to the following conditions, (no permit required).
   (A)   No sign, poster or other outdoor advertisement advocating the election of a particular candidate, group or political party shall be permitted except within 60 days prior to the primary and/or general election and removed six days after an election as outlined in I.C. 36-1-3-11, as amended. Failure to remove the signage within the six-day period shall subject the candidate to provisions set forth under division (G) herein below.
   (B)   Yard sale signs shall be permitted within seven days of the event and removed within three days after the sale. Failure to remove the signage within the three-day period after the yard/garage sale shall subject the host of the sale to provisions set forth under division (G) herein below.
   (C)   Promotional signs supporting community or not-for-profit events shall be permitted within 30 days of the event. In addition, all such signs, posters, and other outdoor advertisements must be removed no later than three days after the special event as outlined herein. Failure to remove the signage within the three-day period shall subject the organization to provisions set forth under division (G).
   (D)   All other temporary signage shall be governed by the most current update of the town’s Unified Development Ordinance.
   (E)   No political, promotional, or not-for-profit poster or advertisement shall be permitted on any trees, utility poles or any parkway, alley, public street, easement, road right-of-way, public property, bridge or bridge abutment except as allowed herein.
   (F)   Only on election day political signs, posters and/or advertisements shall be permitted on public property, public streets, road rights-of-way and/or public parkways and alleys or other public property. Signage may be placed in said locations 500 feet or closer to any polling place, but no closer than authorized by state law. All such signage shall be removed within 24 hours after the polling place closes. Failure to remove the signage within the 24-hour period shall subject the candidate or organization to provisions set forth under division (G).
   (G)   If any violation of the above provisions occurs, the Town Manager or his or her designee shall remove the signage found in violation of the provisions of this section, whereupon the town shall keep the signage for three days in order to be claimed by the candidate or organization. Failure of the candidate or organization to claim said signage within the three-day period shall authorize the town to dispose of said signage in any manner deemed appropriate.
(Ord. 2023-OR-014, passed 6-26-23)
§ 130.07 AUTHORITY TO PRESERVE PUBLIC PEACE.
   (A)   The town may regulate the conduct, use or possession of property which might endanger the public health, safety or welfare of its citizens.
(`93 Code, § 6-1)
   (B)   The town may establish, maintain and operate a police and law enforcement system to preserve public peace and order and may provide facilities and equipment for that system.
(`93 Code, § 6-2)
   (C)   The town may regulate the introduction of any substance or odor into the air or any generation of sound.
(`93 Code, § 6-3)
   (D)   The town may regulate public gatherings, such as shows, demonstrations, fairs, conventions, sporting events and exhibitions.
(`93 Code, § 6-4)
   (E)   The town may regulate the control of animals and may establish animal shelters.
(`93 Code, § 6-6)
   (F)   All offenses against public health, order or decency not addressed by this section shall be governed by applicable state statute.
(`93 Code, § 6-7)
   (G)   It shall be unlawful for any person or persons to knowingly or intentionally interfere, or attempt to impede or interfere with any town official or employee in the performance of their official duties.
(`93 Code, § 6-8) Penalty, see § 10.99
 
TITLE XV: LAND USAGE
Chapter
   150.   BUILDING REGULATIONS
   151.   MOBILE HOME PARKS
   152.   FLOOD HAZARD AREAS
   153.   SUBDIVISIONS
   154.   ZONING
      APPENDIX A: CONTINGENT USES
      APPENDIX B: SPECIAL EXCEPTIONS
      APPENDIX C: REQUIREMENT DESIGNATION
   155.   COMPREHENSIVE PLAN
   156.   UNSAFE BUILDING CODE
CHAPTER 150: BUILDING REGULATIONS
Section
General Provisions
   150.001   Adoption
   150.002   Title
   150.003   Purpose
   150.004   Authority
   150.005   Scope
   150.006   Adoption of codes
Permit Procedure
   150.020   Application for permits
   150.021   Permit required
   150.022   Compliance required
   150.023   Review of application
   150.024   Inspections
Licensing Requirements
   150.035   Electrical license
   150.036   Heating and air conditioning license
   150.037   General contractors license
   150.038   Plumbing contractors license
General Standards
   150.050   Standards
   150.051   Wrecking buildings and structures
   150.052   Moving buildings or structures
   150.053   Exterior maintenance
   150.054   Tents
   150.055   Stormwater and subsoil drainage systems
   150.056   Obstruction in rights-of-way
   150.057   Interceptor required
   150.058   Change of use or occupancy
   150.059   Maintenance
   150.060   Disconnection of unsafe electrical service
   150.061   Electrical connections
   150.062   Sealing vacant buildings
   150.063   Unsafe buildings and structures
   150.064   Administrative review
   150.065   Local Building Code
Administration and Enforcement
   150.075   Stop order
   150.076   Certificate of occupancy
   150.077   Responsibility of Police Department to cooperate
   150.078   Responsibility of Fire Department to cooperate
   150.079   Authority to take emergency action
   150.080   Liability
   150.081   Violations
   150.082   Right of Appeal
   150.083   Remedies
   150.084   Entry authorized
Permit and Inspection Fees
   150.095   Title
   150.096   Expiration of permits
   150.097   Re-instatement of expired permit
   150.098   Extension of permits
   150.099   Fees
   150.100   Disposition of fees
   150.101   Fee schedule
 
   150.999   Penalty
Cross-reference:
   Lateral Sewer Lines; Connection to Public Sewer, see §§ 53.075 through 53.081
GENERAL PROVISIONS
§ 150.001 ADOPTION.
   (A)   This chapter is hereby adopted pursuant to provisions of I.C. 22-11-1, 36-7-2 and 36-7-10.
   (B)   This chapter shall repeal all previous ordinances and all amendments thereto and shall become the building regulations of the town.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.002 TITLE.
   This chapter, and all ordinances supplemental or amendatory hereto, shall be know as the “Town Building Code,” may be cited as such, and will be referred to herein as “this code.”
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.003 PURPOSE.
   The purpose of this code is to provide minimum standards for the protection of life, limb, health, environment, public safety and welfare and for the conservation of energy in the design and construction of buildings and structures.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.004 AUTHORITY.
   The Building Commissioner and his or her duly authorized representatives are hereby authorized and directed to administer and enforce all of the provisions of this code. Whenever in this code it is provided that anything must be done to the approval of or subject to the direction of the Commissioner, his or her duly authorized representatives or any other officer of the Building Commission, this shall be construed to give the person only the discretion of determining whether the rules and standards established by ordinance have been complied with; and no provision shall be construed as giving any officer discretionary powers as to what the regulations, codes or standards shall be, or power to require conditions not prescribed by ordinances or to enforce chapter provisions in an arbitrary or discriminatory manner.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99)
Cross-reference:
   Building Commissioner, see § 32.30 et seq.
§ 150.005 SCOPE.
   The provisions of this code apply to the construction, alteration, repair, use, occupancy maintenance, demolition, moving and additions to all buildings and structures, including fences, in the town.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99)
§ 150.006 ADOPTION OF CODES.
   (A)   Building rules of the Indiana Fire Prevention and Building Safety Commission, as set out in the following articles of 675 I.A.C. are hereby incorporated by reference in this code and shall include later amendments to those articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein:
      (1)   Article 13, Building Codes:
         (a)   Fire and building safety standards; and
         (b)   Indiana Building Code.
      (2)   Article 14, One- and Two-Family Dwelling Codes;
      (3)   Article 16, Indiana Plumbing Code;
      (4)   Article 17, Indiana Electrical Code:
      (5)   Article 18, Indiana Mechanical Code ;
      (6)   Article 19, Indiana Energy Conservation Codes;
      (7)   Article 20, Indiana Swimming Pool Code;
      (8)   Article 22, Indiana Fire Code;
      (9)   Article 25, Indiana Fuel Gas code;
      (10)   Article 28, NFPA Standards.
   (B)   Copies of adopted building rules, codes and standards are on file in the office of the Building Commission.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
Statutory reference:
   Enforcement of building standards, see I.C. 36-7-9-1 et seq.
PERMIT PROCEDURES
§ 150.020 APPLICATION FOR PERMITS.
   (A)   Any person required to have permit(s) shall submit a complete application to the Building Commissioner.
   (B)   This application shall be submitted on a form prepared by the Building Commissioner, and shall contain the following:
      (1)   Information that the Building Commissioner determines to be necessary to locate and contact the applicant.
      (2)   A clear and understandable copy of detailed plans and specifications drawn to scale which indicate, in a precise manner, the nature and location of all work to be accomplished.
      (3)   A plot plan drawn to scale, however the plot plan shall not be required in the instance where all the construction is to occur entirely within an existing structure. This plot plan shall reflect the location of the structure in relation to existing property lines and show streets, curbs and sidewalks and proposed changes or additions to the streets, curbs and sidewalks.
      (4)   If required by state law or any rule of the Fire Prevention and Building Safety Commission, a copy of a design release for the work to be done that has been issued by the Building Law Compliance Officer pursuant to I.C. 22-15-3.
      (5)   Any additional information that the Building Commissioner finds to be necessary to determine that the construction will conform to all applicable building laws and will not violate any other applicable ordinances or laws.
      (6)   The fee established by ordinance.
   (C)   Application for a building permit shall be made by the person entitled to obtain the permit, or by an employee or agent of that person. The Building Commissioner may require that the employee or agent provide written authority to apply for a permit. No building permit will be issued to a person that would cause a violation of I.C. 22-15-3-7.
(Ord. 2012-004, passed 3-26-12)
§ 150.021 PERMIT REQUIRED.
   (A)   All building permits and mechanical permits are required to be obtained, unless exempted by the Indiana Building Code, prior to commencing work from the Building Commission in the following instances:
      (1)   Building permit.
         (a)   All construction, alteration, remodeling or repair of any building or structure;
         (b)   All roofing and siding installations;
         (c)   The demolition of any building or structure;
         (d)   The moving of any building or structure;
         (e)   The construction of a public swimming pool; and
         (f)   The installation of a modular or manufactured home on a permanent foundation.
      (2)   Electrical permit.
         (a)   The installation, alteration, extension or replacement of electrical wiring, panels and devices within the service area of Public Service Indiana, including all new, temporary or replacement electrical service provided by a public electric utility company, new or replacement electric distribution panels, wiring for additional circuits, rewiring and circuit replacement, and wiring for appliances and equipment including signs;
         (b)   The installation, alteration, extension or replacement of all heating and air conditioning systems, equipment, apparatus or devices;
         (c)   The installation, alteration, extension or replacement of all plumbing, piping, fixtures, appliances and appurtenances in connection with sanitary drainage, liquid waste and sewerage systems, venting systems and water supply systems;
         (d)   The installation of all new or replacement water heaters, regardless of cost;
         (e)   The installation or replacement of tanks and dispensing equipment for flammable and combustible liquids or gases; and
         (f)   Mechanical installation permits are not required in the following instances:
            1.   The installation or replacement of liquid petroleum gas (lpg) storage facilities having a total capacity of not more than 4,000 gallons and no single tank having a capacity of more than 2,000 gallons measured as gallons of water;
            2.   The installation or replacement of storage tanks for Class I, II, IIIA or IIIB liquids, having a capacity of 660 gallons or less, that meet the requirements of Section 4-2 of the National Fire Protection Association (NFPA) Standard 20, as incorporated by reference in 675 I.A.C. 22-1;
            3.   Public utilities: installation of public utilities with respect to construction, maintenance and development work performed in the exercise of their public function;
            4.   Railway utilities: installation of electrical equipment employed by a railway utility directly in the exercise of its functions as a public carrier and located outdoors or in buildings used exclusively for that purpose;
            5.   Portable appliances: the installation of a portable heating appliance or of a portable air conditioning appliance;
            6.   Radio transmitting stations: equipment used for radio transmission, whether erected on a building or on the ground. The exception does not extend to equipment and wiring for power supply and the installation of radio towers and antenna and grounding means;
            7.   Maintenance: the maintenance or servicing of an existing electrical, heating, air conditioning, fire extinguishing, fire- alarm or plumbing system or flammable and combustible liquid or gas tank and dispensing equipment for the purpose of maintaining it in safe operating condition in conformance with the provisions of this code; and
            8.   Well drilling and water softening equipment: the drilling of wells and the installation of pumps, pressure tanks and piping incidental to a well system. The installation of water softening equipment.
      (3)   Permit obtained prior to commencing work. It shall be the duty of the property owner, or his or her authorized agent to obtain all necessary permits before any work has been started. Except that in cases where this code requires that work be performed by a licensed contractor it shall be the responsibility of the licensed contractor to obtain all necessary permits prior to commencing work.
      (4)   Permit to be posted on site. A building permit card shall be required to be posted on the job site in a conspicuous place in full view of the public during the construction, alteration, remodeling or repair of a building or structure until the work shall be completed and finally inspected. A copy of the respective permit shall be required to be available on the job site pending inspection. On new construction a weather resistant job box or job board shall be posted with the job name and address affixed in a manner to insure the property can be readily identified.
      (5)   Changes not to be made in plans after permit is issued. No changes shall be made in any plans, specifications or construction, after the plans and specifications have been released by the State Building Commissioner and/or a building permit or mechanical permit has been issued, unless the change is approved in writing by the State Building Commissioner and/or by the Department of Building Commission.
      (6)   Nonconformity to law discovered after a permit is issued or plans approved. The issuance of a permit pursuant to the provisions of this code or the approval of plans, prints or specifications, shall not be deemed to authorize any erection, construction, alteration or repair, or the performance of any work, in violation of any of the provisions of this code, nor shall the issuance or approval, be a guaranty, warrant or assurance to any person that any plans, prints or set of specifications, are in conformity to the provisions of this code and to all laws and ordinances. Upon the discovery of any departure of any plans, prints or specifications, from the requirements of this code, the departure shall be corrected immediately, and the erection, construction, repair or work shall be made to conform to the provisions of this code.
      (7)   Expiration. Every permit shall expire by limitation if active work shall not have been commenced within 60 days of the date of issue thereof. If the work authorized by the permit is suspended or abandoned at any time after work is commenced, for a period of 90 days, the work shall be recommenced only after the issuance of a new permit. If no construction has begun above the foundation of a proposed building or structure within one year of the date of issue of the permit, the permit shall expire by limitation.
      (8)   Revocation. The Building Commissioner or his or her duly authorized representative may revoke a permit if it is determined that the permit was issued in error or in violation of any rules of the state or provisions of this code or if the permit is based on incorrect or insufficient information or if the person to whom the permit was issued ceases work and abandons the job prior to the job being completed and finally inspected. A written notice of revocation shall be served on the person who obtained the permit and the owner of the property either by delivery in person or certified mail.
      (9)   (a)   Permits shall only be issued to individuals or companies that hold a valid license, through the town, in the field in which type of permit they wish to obtain.
         (b)   Exception. If the sole owner and resident of a private residence chooses to do the permitted work in lieu of using a licensed professional he or she shall fill out and sign an affidavit, provided by the Building Commissioner, affirming his or her wish to assume the liability for his or her work.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2009-010, passed 4-27-09; Am. Ord. 2012-004, passed 3-26-12; Am. Ord. 2021-OR-015, passed 5-24-21)
§ 150.022 COMPLIANCE REQUIRED.
   All work done under any permit issued hereunder shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits hereinafter provided for, there shall be paid the fees prescribed in the ordinances.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.023 REVIEW OF APPLICATION.
   Prior to the issuance of any permit hereunder, the Building Commissioner or his or her authorized agent shall:
   (A)   Review all permit applications to determine full compliance with the provisions of this chapter;
   (B)   Review all permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding;
   (C)   Review permit applications for major repairs within the flood plain area having special flood hazards to determine that the special flood hazards to determine that the proposed repair:
      (1)   Uses construction materials and utility equipment that are resistant to flood damage; and
      (2)   Uses construction methods and practices that will minimize flood damage;
   (D)   Review permit applications for new construction or substantial improvements within the flood plain area having special flood hazards to assure that the proposed construction (including prefabricated and mobile homes):
      (1)   Is protected against flood damage;
      (2)   Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure; and
      (3)   Uses construction methods and practices that will minimize flood damage;
   (E)   Determine if the permit applicant meets the necessary licensing or registration requirements of this code.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.024 INSPECTIONS.
   (A)   After the issuance of any permit hereunder, the Building Commissioner or his or her duly authorized representative shall make inspections of the work being done under the permit as are necessary to insure full compliance with the provisions of this code and the terms of the permit.
   (B)   Any person, firm or corporation who has obtained a permit from the Building Commissioner shall be required to request an inspection of the work performed in the following instances. The inspection shall be requested at least 24 hours in advance of the need for the inspection. It shall be the duty of the person requesting the inspection to provide access to and means for the proper inspection of the work the person responsible for performing the work or his or her representative shall be present on the job site during the inspection. No portion of any work shall be covered or concealed until inspected and approved. The town shall not be liable for any expense entailed in the removal or replacement of material required to permit inspection. It shall be the responsibility of the person obtaining the permit to insure that all phases of the work are completed before requesting a final inspection.
      (1)   The installation of a temporary electrical service on a pole;
      (2)   Footing and foundation excavations prior to the placement of concrete;
      (3)   The installation of all underground and underslab electrical, heating and air conditioning, plumbing systems, tanks and dispensing equipment prior to being covered;
      (4)   The construction of structural components of a new building or structure or of an addition to a building or structure, including floors, walls, ceilings and roof, prior to the structural components being covered;
      (5)   The installation of an electrical meter on a building or structure;
      (6)   The final installation of a new or replacement tank or dispensing equipment for flammable and combustible liquids or gases;
      (7)   The installation of replacement furnaces, heat pumps, and central air conditioning systems;
      (8)   The demolition of a building or structure in the following instances:
         (a)   After the basement floor is broken and the water and sewer services are sealed; or
         (b)   After backfilling is completed and the site is uniformly graded and all debris has been removed.
      (9)   The excavation of an inground swimming pool and the electrical bonding and grounding of all metal components prior to the placement of concrete;
      (10)   The installation of a modular or manufactured home on a permanent foundation.
      (11)   Certification of air sealing compliance. A certificate of compliance shall be provided to the Building Commissioner for one of the following:
         (a)   Tested air leakage is <7 ACH when tested with a blower door at pressure of 50 PA, or
         (b)   Items listed in table N1102.4.2 (2009 IRC), applicable to the method of construction, are field verified by a third party independent contractor.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
LICENSING REQUIREMENTS
§ 150.035 ELECTRICAL LICENSE.
   (A)   All persons performing any installation, alteration or repair of any electrical wiring devices, panels or equipment in the town shall be required to be licensed by the town as an electrical contractor or shall be in the employ of a licensed electrical contractor working under the supervision, direction and responsibility of a licensed contractor.
   (B)   Non-transferability and non-negotiability. Any license issued under this section may not be transferred, assigned, sold or negotiated to another person. It shall be unlawful to transfer, assign, sell or lend the license for use by any other person, firm or corporation to enable the person, firm or corporation to work on a job without obtaining the proper license or permit.
   (C)   Issuance of permits. It shall be the responsibility of licensed electrical contractors to secure permits required by the provisions of this code prior to commencing work. All work performed pursuant to a permit issued to a licensed contractor shall be the sole responsibility of the contractor and the contractor’s license bond shall pay all damages, costs and expenses caused by negligence through failure to comply with the provisions of this code. No licensed contractor shall allow any other person to do or cause to be done any work under a permit secured by the contractor except persons in his or her employ.
   (D)   Exemptions. No license under this section is required for the execution or performance of the following electrical work:
      (1)   Installation of communications systems, installations in recreational vehicles, and installations not covered by the Indiana Electrical Code (current National Electrical Code with Indiana amendments);
      (2)   The performance of electrical work in a one-family dwelling by the owner-occupant of the dwelling; provided, however, that this exemption does not apply to any person hired by the owner-occupant for compensation to assist or to perform the electrical work on that dwelling, and that the owner-occupant sign a waiver required by the Building Commissioner;
      (3)   The maintenance or servicing of an existing electrical system for the purpose of maintaining it in a safe operating condition in conformance with the provisions of this code.
   (E)   Application. Each applicant shall apply in writing to the Building Commissioner. The applicant shall include:
      (1)   The applicant’s name, address, telephone number and age;
      (2)   The applicant’s number of years of experience;
      (3)   The applicant’s present place of employment;
      (4)   Payment of $25 license fee;
      (5)   Asking the applicant if they are familiar with the Indiana Electrical Code and/or the Indiana Mechanical Code;
      (6)   Asking the applicant if they have been convicted of a felony within the past five years;
      (7)   Asking the applicant if a judgment has ever been entered against them or a lawsuit ever settled in which they or the firm where they worked for an amount in excess of $10,000;
      (8)   Informing the applicant that insurance is required before a license can be granted; and
      (9)   The applicant must show proof of certification from an institution of higher learning in the field of electrical wiring and component installation or current certification from the City of Jeffersonville, Indiana, City of New Albany, Indiana, or the City of Louisville, Kentucky.
   (F)   Insurance requirements. Each license- holder actively employed for hire in the town and doing work of their respective trade shall, at the time application is made for renewal and/or licensing, provide the Building Commissioner with evidence of liability insurance for each occurrence in the amount of $100,000 to $300,000 by an insurance company licensed to do business in the state. The following exceptions to this requirement may be allowed:
      (1)   If the license-holder is currently employed by a firm that carries insurance on the individual and he or she does not do work for hire in the town, he or she may retain his or her license by renewal, and the office of the Building Commissioner shall indicate on the license that this individual shall not be allowed to obtain permits for work within the town limits without proof of insurance, except on the premises of the firm maintaining the insurance.
      (2)   If the license-holder is currently not actively engaged in applying his or her trade but wishes to retain his or her license by renewal, the office of the Building Commissioner shall indicate on the license that the individual shall not be allowed to obtain permits for work within the town limits without proof of insurance, as previously set forth.
   (G)   All licenses shall be renewed on or before January 2 of each year.
   (H)   The license fee shall be $25.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.036 HEATING AND AIR CONDITIONING LICENSE.
   (A)   All heating, ventilating and air conditioning systems, equipment, apparatus or devices, and all installations, alterations, improvements, shall conform to the Indiana Mechanical Code except One- and Two-Family Dwelling Code adopted in § 150.006. The installation of all electrical equipment and wiring in connection with any heating, ventilating or air conditioning system, apparatus or device, shall be in accordance with the requirements of the Indiana Electrical Code as already adopted.
   (B)   Non-transferability and non-negotiability. Any license issued under this section may not be transferred, assigned, sold or negotiated to another person. It shall be unlawful to transfer, assign, sell or loan the license for use by any other person, firm or corporation to enable the person, firm or corporation to work on a job without obtaining the proper license or permit.
   (C)   Issuance of permits. It shall be the responsibility of licensed heating and air conditioning contractors to secure permits required by the provisions of this code prior to commencing work. All work performed pursuant to a permit issued to a licensed contractor shall be the sole responsibility of the contractor and the contractor’s licensed bond shall pay all damages, costs and expenses caused by negligence through failure to comply with the provisions of this code. No licensed contractor shall allow any other person to do or cause to be done any work under a permit secured by the contractor except persons in his or her employ.
   (D)   Application. Each applicant shall apply in writing to the Building Commissioner. The application shall include:
      (1)   The applicant’s name, address, telephone number and age;
      (2)   The applicant’s number of years of experience;
      (3)   The applicant’s present place of employment;
      (4)   Payment of $25 license fee;
      (5)   Asking applicant if they are familiar with the Indiana Electric Code and/or the Indiana Mechanical Code;
      (6)   Asking applicant if they have been convicted of a felony within the past five years;
      (7)   Asking applicant if a judgment has ever been entered against them or a lawsuit ever settled in which they or the firm where they worked for an amount in excess of $10,000;
      (8)   Informing applicant that insurance is required before a license can be granted; and
      (9)   Applicant must show proof of certification from an institution of higher learning for HVAC component installation or current certification from the City of Jeffersonville, Indiana, City of New Albany, Indiana, or the City of Louisville, Kentucky.
   (E)   Insurance requirements. Each license holder actively employed for hire in the town and doing work in his or her respective trade shall, at the time application is made for renewal and/or licensing, provide the Building Commissioner with evidence of liability insurance for each occurrence in the amount of $100,000 to $300,000 by an insurance company licensed to do business in the state. The following exceptions to this requirement may be allowed:
      (1)   If the license holder is currently employed by a firm that carries insurance on the individual and he or she does not do work for hire in the town, he or she may retain his or her license by renewal, and the office of the Building Commissioner shall indicate on the license that the individual shall not be allowed to obtain permits for work within the town limits without proof of insurance as previously set forth herein, except on the premises of the firm maintaining the insurance.
      (2)   If the license holder is currently not actively engaged in applying his or her trade but wishes to retain his or her license by renewal, the Building Commissioner shall indicate on the license that the individual shall not be allowed to obtain permits for work within the town limits without proof of insurance as previously set forth herein.
   (F)   All licenses shall be renewed on or before January 2 of each year.
   (G)   The license fee shall be $25.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.037 GENERAL CONTRACTORS LICENSE.
   (A)   Application. Each applicant shall apply in writing to the Building Commissioner. The applicant shall include:
      (1)   The applicant’s name, address, telephone number and age;
      (2)   The applicant’s number of years of experience;
      (3)   The applicant’s present place of employment;
      (4)   Payment of $25 license fee;
      (5)   Asking applicant if they are familiar with the Indiana Residential Code and/or the Indiana Building Code;
      (6)   Asking applicant if they have been convicted of a felony within the past five years;
      (7)   Asking applicant if a judgment has ever been entered against them or a lawsuit ever settled in which they or the firm where they worked for an amount in excess of $10,000; and
      (8)   Informing applicant that insurance is required before a license can be granted.
   (B)   Insurance requirements. Each license-holder actively employed for hire in the town and doing work on their respective trade shall, at the time application is made for renewal and/or licensing, provide the Building Commissioner with evidence of liability insurance for each occurrence in the amount of $100,000 to $300,000 by an insurance company licensed to do business in the state. The following exceptions to this requirement may be allowed:
      (1)   If the license-holder is currently employed by a firm that carries insurance on the individual and he or she does not do work for hire in the town, he or she, therefore, may retain his or her license by renewal, and the office of the Building Commissioner shall indicate on the license that this individual shall not be allowed to obtain permits for work within the town limits without proof of insurance as previously set forth herein, except on the premises of the firm maintaining the insurance.
      (2)   If the license holder is currently not actively engaged in applying his or her trade but wishes to retain his or her license by renewal, the Building Commissioner shall indicate on the license that the individual shall not be allowed to obtain permits for work within the town limits without proof of insurance as previously set forth herein.
   (C)   All licenses shall be renewed on or before January 2 of each year.
   (D)   The license fee shall be $25.
(Ord. 2012-004, passed 3-26-12)
§ 150.038 PLUMBING CONTRACTORS LICENSE.
   (A)   “Plumbing” means the practice of, and the materials and fixtures used in the installation, maintenance, extension and alteration of, all piping, fixtures, appliances and appurtenances in connection with any structure within the town.
   (B)   All plumbing rules and regulations shall be in compliance with 860 IAC 1-5-1.
   (C)   The practice of, and the materials and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances and appurtenances in connection with any structure, shall conform to the Indiana Plumbing Code except One- and Two- Family Dwelling Code adopted in § 150.006. The installation of all materials and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances and appurtenances in connection with any structure, shall be in accordance with the requirements of the Indiana Plumbing Code as already adopted.
   (D)   Non-transferability and non-negotiability. Any license issued under this section may not be transferred, assigned, sold or negotiated to another person. It shall be unlawful to transfer, assign, sell or loan the license to the use of any other person, firm or corporation to enable the person, firm or corporation to work on a job without obtaining the proper license or permit.
   (E)   Issuance of permits. It shall be the responsibility of licensed plumbing contractors to secure permits required by the provisions of this code prior to commencing work. All work performed pursuant to a permit issued to a licensed contractor shall be the sole responsibility of the contractor and the contractor’s licensed bond shall pay all damages, costs and expenses caused by negligence through failure to comply with the provisions of this code. No licensed contractor shall allow any other person to do or cause to be done any work under a permit secured by the contractor except persons in his or her employ.
   (F)   Application. Each applicant shall apply in writing to the Building Commissioner. The application shall include:
      (1)   The applicant’s name, address, telephone number and age;
      (2)   The applicant’s number of years of experience;
      (3)   The applicant’s present place of employment;
      (4)   Payment of $25 license fee;
      (5)   Asking applicant if they are familiar with the Indiana Plumbing Code and/or the Indiana Mechanical Code;
      (6)   Asking applicant if they have been convicted of a felony within the past five years;
      (7)   Asking applicant if a judgment has ever been entered against them or a lawsuit ever settled in which they or the firm where they worked for an amount in excess of $10,000;
      (8)   Informing applicant that insurance is required before a license can be granted; and
      (9)   Applicant must show proof of certification from the state.
   (G)   Insurance requirements. Each license holder actively employed for hire in the town and doing work in his or her respective trade shall, at the time application is made for renewal and/or licensing, provide the Building Commissioner with evidence of liability insurance for each occurrence in the amount of $100,000 to $300,000 by an insurance company licensed to do business in the state. The following exceptions to this requirement may be allowed:
      (1)   If the license holder is currently employed by a firm that carries insurance on the individual and he or she does not do work for hire in the town, he or she may retain his or her license by renewal, and the office of the Building Commissioner shall indicate on the license that the individual shall not be allowed to obtain permits for work within the town limits without proof of insurance as previously set forth herein, except on the premises of the firm maintaining the insurance.
      (2)   If the license holder is currently not actively engaged in applying his or her trade but wishes to retain his or her license by renewal, the Building Commissioner shall indicate on the license that the individual shall not be allowed to obtain permits for work within the town limits without proof of insurance as previously set forth herein.
   (H)   All licenses shall be renewed on or before January 2 of each year.
   (I)   The license fee shall be $25.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
Statutory reference:
   Similar state law, see I.C. 25-28.5-1-7
GENERAL STANDARDS
§ 150.050 STANDARDS.
   All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner, according to accepted standards and practices in the trade.
(Ord. 2012-004, passed 3-26-12)
§ 150.051 WRECKING BUILDINGS AND STRUCTURES.
   (A)   Wrecking Permits. Before proceeding with the wrecking or tearing down of any building or structure, in whole or part, a permit therefor shall first be obtained by the owner or his or her agent from the Building Commissioner, upon a form prescribed by the Commission. It shall be unlawful to proceed with the work unless the permit shall have been first obtained.
   (B)   Liability for property damage and bodily injury.
      (1)   All persons engaged in the demolition of a building or structure, including the property owner and his or her agent, shall be liable for any bodily injury or damage to public or private property occurring as a result of the demolition work. The persons shall indemnify and save harmless the town against any loss, damage, expense, claim, demand, action, judgment or liability of any kind whatsoever which may arise or result from the demolition work.
      (2)   Before any demolition permit is issued to any person, firm or corporation who offers to demolish a building or structure for another person and/or who engages in the business of demolition contracting, the person, firm or corporation shall furnish to the Building Commissioner a certificate of insurance, indicating the appropriate endorsement for wrecking or demolition work.
      (3)   The minimums of insurance shall be as follows:
 
Each Occurrence
Aggregate
Liability for bodily Injury
$100,000
$300,000
Liability for property damage
$100,000
$300,000
 
         Or combined single limit coverage as follows:
 
Each Occurrence
Aggregate
Liability for bodily Injury and property damage
$300,000
$300,000
 
   (C)   Minimum standards for demolition. All persons engaged in the demolition of a building or structure shall comply with the following minimum standards:
      (1)   Control shall be maintained over the site and operation to eliminate hazards to the public. Nails or other tire puncturing items shall not be dropped on streets, alleys and adjacent property. Public streets, curbs and sidewalks shall be protected from damage. The person engaged in the demolition work shall be liable for any and all damage to curbs, streets, sidewalks and other public or private property and for any bodily injury occurring as a result of the demolition work.
      (2)   Basement walls and all other concrete slabs and footings not intended or not able to be reused shall be removed two feet below finished grade. Material used for backfill shall be free of wood and compacted thoroughly.
      (3)   All sewer and drain lines shall be removed for a distance of two feet outside of the basement wall and shall be thoroughly plugged and sealed with cement. All water service shall be turned off at the service valve. Water lines shall be removed for a distance of two feet outside of the basement wall and shall be thoroughly plugged and sealed to prevent leakage.
      (4)   Basement floors shall be broken to provide positive drainage for a minimum 20% of the floor area uniformly distributed.
      (5)   All debris resulting from the demolition work shall be properly disposed of.
      (6)   All underground tanks present on the site shall be removed. Cisterns present on the site shall be filled in accordance with the requirements for basements.
      (7)   The demolition site shall be left with a uniform grade and shall be free of debris.
   (D)   The person engaged in the demolition work shall be responsible for requesting two inspections during the course of the work. The first inspection shall be made after the basement floor is broken and the water and sewer services are sealed. The second inspection shall be made after the backfill is completed, the site is uniformly graded, and all debris has been removed.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.052 MOVING BUILDINGS OR STRUCTURES.
   (A)   Approval and permit required for moving buildings and structures.
      (1)   No building or structure shall be moved to a new location over any street, bridge, other public property or private property within the corporate limits of the town without first obtaining the approval of the Board of Public Works and Safety and obtaining a permit from the Building Commissioner.
      (2)   Any person desiring to move a building or structure shall submit an application to the Building Commissioner on forms as may be prescribed by the Department. The application shall be accompanied by the following:
         (a)   A map indicating the proposed route;
         (b)   A letter from all public utility companies, railroads and cable television companies with facilities along the proposed route indicating that the applicant has deposited with the company adequate surety to cover the cost of any damages or changes in facilities resulting from moving the building or structure;
         (c)   A letter from the traffic division of the Police Department with recommendations regarding the proposed route and traffic control;
         (d)   A letter from the Director of the Department of Public Works indicating any problems or recommendations regarding public facilities and improvements;
         (e)   A letter from the Building Commissioner regarding the overall structural condition of the building or structure proposed to be moved;
         (f)   Approval from the County Highway Engineer if the proposed route includes any county highway or bridge;
         (g)   Approval from the Indiana Department of Transportation if the proposed route includes any state highways;
         (h)   Written authorization from any private property owner whose land must be crossed during the move; and
         (i)   A certificate of insurance and performance bond as required below.
      (3)   All applications for a permit to move a building or structure shall be referred to the Chief of Police and Municipal Works Director of the town. The town’s representatives shall review the application and recommendations made by all interested parties. If the town’s representatives determines that the moving and relocation of the building or structure can be made without injury to persons or to curbs, sidewalks, bridges, sewers, or other public or private property and improvements, the representatives may approve the moving permit application and the Building Commissioner may issue a moving permit.
      (4)   The Chief of Police and Municipal Works Director shall approve the route to be utilized for the move, at the time and date the move shall take place and the time and date when the move shall be completed. The Board may require other reasonable conditions as necessary to protect the public health, safety, and welfare.
      (5)   No application for moving shall be approved by the Board if the building or structure proposed to be moved has been damaged by wear or tear or another cause to an extent exceeding 50% of its original cost.
      (6)   Any building or structure that has been moved to a new location shall be rehabilitated or reconstructed so as to be made to conform to the provisions of this code for new construction.
   (B)   Insurance and bonding requirements.
      (1)   (a)   The applicant for a moving permit shall agree to assume the responsibility for any personal injury or any damage to public or private property occurring as a result of moving a building or structure. The applicant shall agree to defend, indemnify and hold harmless the town, its departments, boards, employees, officers and agents from and against all claims, charges, damages, demands, costs, suits, liabilities and payments, expenses (including counsel fees), fines, judgments, penalties and/or losses of any kind or nature whatsoever, resulting from or in respect of any injury or damage to person or property caused negligently or otherwise from the moving of any building or structure and/or the granting of a moving permit.
         (b)   The applicant shall submit to the Building Commissioner a certificate of insurance as evidence that the applicant has liability insurance coverage endorsed for moving a building or structure in the following minimum amounts:
 
Each Occurrence
Aggregate
Liability for bodily injury
$500,000
$1,000,0 00
Liability for public and private property damage
$500,000
$1,000,0 00
 
         Combined single limit coverage as follows:
 
Each Occurrence
Aggregat e
Liability for bodily injury and property damage
$1,000,000
$1,000,0 00
 
      (2)   A building or structure shall be required to be placed on its permanent foundation within 30 days after being moved to a new location. An applicant for a moving permit shall submit to the Board of Public Works and Safety a performance bond or other form of surety acceptable to the Board, in an amount to be determined by the Board, guaranteeing that the moving of the building or structure shall be completed within the time specified by the Board and that the building or structure shall be placed on its permanent foundation within 30 days after being moved to a new location.
      (3)   In the event of adverse weather conditions or other unforeseen circumstances, the Board may, upon the request of the applicant, grant an extension of time to complete the move or to place the building or structure on its permanent foundation. The Board shall release the performance bond upon the satisfactory completion of the move and the placement of the building or structure on its permanent foundation.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.053 EXTERIOR MAINTENANCE.
   (A)   Exterior maintenance standards.
      (1)   The exterior of all premises and the condition of all buildings and structures thereon shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the town and so as to avoid blighting effects and hazards to health, safety and welfare. The owner and/or occupant shall keep the exterior of all premises and every structure thereon, including but not limited to, walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, refuse and garbage containers, store fronts, signs, windows, doors, awnings and marquees, in good repair, and all surfaces thereof shall be kept painted or protected with other approved coatings or materials where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties.
      (2)   Exterior wood composition or metal surfaces shall be protected from the elements by paint or other protective coverings. Surfaces shall be maintained so as to be kept clean and free of flaking, loose or peeling paint or coverings. Those surface materials whose appearance and maintenance would be enhanced by a natural weathering effect or other natural effect may remain untreated.
      (3)   All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick and peeling paint, when the peeling consists of at least 33 1/3% of the surface area, or other conditions reflective of deterioration or inadequate maintenance, and not showing evidence of weathering discoloration, ripping, tearing or other holes or breaks, to the end that the property itself may be preserved safely and fire hazards eliminated from adjoining properties and the neighborhood protected from blighting influence. All premises shall be maintained and lawns, hedges, bushes, trees and other vegetation shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view or where the vegetation may constitute a blighting influence on adjoining property.
      (4)   All premises shall be maintained free of all debris, trash, rubbish, litter, garbage, refuse, junk and foundation remnants. No premises shall be used for storage of inoperable motor vehicles, machinery, junk vehicles or machinery and vehicle parts where storage is within view of any public premises or public alley, street or highway so as not to cause a blighting problem or adversely affect the public health or safety.
      (5)   All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein.
   (B)   Remedies.
      (1)   The Building Commissioner shall request the Town Attorney to bring action on behalf of the town in the circuit or superior courts of the county for mandatory and injunctive relief in the enforcement of this section to secure compliance with any order or orders made by the Building Commissioner or his or her authorized representative, and any action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter. Any person adjudged guilty of a violation of this chapter may also be adjudged to pay the costs of prosecution.
      (2)   The owner of the property shall be notified in writing stating that the property owner shall have a maximum of 30 days to comply with the standards of maintenance as outlined in this section, at which time, if the property owner has not complied, a fine shall be assessed as provided for in division (C) below.
   (C)   Penalties.
      (1)   If any property owner violates the provisions of this section, the property owner shall be notified in writing of the violation. The Building Commissioner or his or her authorized representative shall send a violation notice by certified mail or by delivery in person to the property owner found to be in violation of this section, and that stating the person shall have a period of 15 days to complete and return a form letter indicating agreement to correct the violation within 30 days or to appeal the violation.
      (2)   Upon receipt of a request for an appeal, the Building Commissioner shall notify the appellant in writing of the place and dates to schedule an appeal. The property owner may appeal the violation, the compliance requirements or the completion date. Upon presentation of convincing evidence, the Planning and Zoning Commission may negotiate an adjusted compliance schedule commensurate with the evidence presented and in keeping with this section.
      (3)   Upon proof of hardship, a resident-owner may be granted a continuance and be exempted from fines for those violations requiring the expenditure of unavailable funds provided that the violations do not adversely affect the public health and safety.
      (4)   In the event the owner fails to respond to any of the above procedures, the owner is found in violation of this section and shall be fined accordingly. He or she shall be cited before a court of competent jurisdiction, and upon conviction of the violation shall be fined not less than $100 nor more than $2,500.
   (D)   Right to appeal.
      (1)   The Board of Zoning Appeals shall have the authority to grant special variances or relief to any provisions or requirements of this section and may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community.
      (2)   The Planning and Zoning Commission may develop standards and procedures for the implementation and enforcement of these provisions.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.054 TENTS.
   Any tent or air-supported structure erected within the corporate limits of the town, intended to be used by the public, shall comply with the provisions of the Indiana Fire Prevention Code.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.055 STORMWATER AND SUBSOIL DRAINAGE SYSTEMS.
   When storm water and subsoil drainage systems are installed, they shall be discharged into an approved sump or receiving tank and shall be discharged at an approved location, but shall not be discharged into a sanitary sewer.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.056 OBSTRUCTIONS IN RIGHTS-OF- WAY.
   No construction work, demolition work or storage of building materials shall occur within the public right-of-way adjacent to the construction or demolition site without the prior approval of the Board of Public Works and Safety. Whenever authority is granted to use the public right-of-way, the Board shall require appropriate safety measures to protect the public, as set forth in Chapter 44 of the Indiana Basic Code, as adopted by reference herein.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.057 INTERCEPTOR REQUIRED.
   (A)   An interceptor shall be required to be installed in occupancies where grease, oil, sand, solids, flammable wastes, acid or alkaline substances or other ingredients may be introduced into the drainage or sewage system in quantities that can effect line stoppage or hinder sewage treatment.
   (B)   Occupancies include, but are not limited to restaurants, cafes, lunch counters, cafeterias, bars and clubs, hotels, hospitals, nursing homes, factory or school kitchens, slaughter houses, soap factories, packing, fat rendering, hide curing and vehicle washing establishments.
   (C)   Interceptors shall be installed in compliance with the provisions of the Indiana Plumbing Code.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.058 CHANGE OF USE OR OCCUPANCY.
   No change shall be made in the use or character of occupancy of any building which would place the building in a different class or group of occupancy and use, unless the building is made to conform with this chapter for the proposed revised use of the building.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.059 MAINTENANCE.
   (A)   (1)   All buildings and structures, and their electrical, plumbing and heating and air conditioning systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition.
      (2)   All devices, safeguards and systems shall be maintained in conformance with the provisions of the building code in effect when installed. The owner or his or her authorized agent shall be responsible for the maintenance of buildings and structures.
   (B)   To determine compliance with this subsection, the Building Commissioner or his or her authorized representative may cause any building or structure to be reinspected.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.060 DISCONNECTION OF UNSAFE ELECTRICAL SERVICE.
   In the event a public electric utility company removes an electrical meter or disconnects the service drop to a building or structure because the electrical system of the building or structure is unsafe and hazardous, the electrical system of the building or structure shall not be placed back in service unless the system is inspected by an electrical contractor licensed under the provisions of this code and upgraded as necessary to bring the system into compliance with the provisions of the Indiana Electrical Code (NEC).
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.061 ELECTRICAL CONNECTIONS.
   (A)   Any licensed heating and air conditioning contractor or person in his or her employ and any registered plumbing contractor or journeyman plumber may make the necessary electrical connections as may be required for the satisfactory performance of either a new or replacement heating and/or air conditioning system or a hot water heater, provided the rating of circuit conductors and disconnects are not exceeded and the electrical connection meets the requirements of the Indiana Electrical Code (NEC).
   (B)   However, the persons shall not be permitted to install service equipment, branch circuits, over current devices nor resistance electric heat.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.062 SEALING VACANT BUILDINGS.
   (A)   The sealing and securing of any vacant building or structure, including any work performed subject to an order issued under the unsafe building ordinance of the town or any work performed by an owner on his or her own initiative, shall be required to be accomplished pursuant to the following uniform standard.
   (B)   Double headed nails shall be utilized to fasten one-half-inch exterior grade plywood to all exterior openings of every floor. The plywood shall be cut and installed to precisely fit each opening so as to present a neat, workmanlike appearance. Prior to the sealing and securing of any vacant building or structure, the building or structure shall be cleared of all human inhabitants.
   (C)   Any building or structure that has been sealed and secured shall be repaired and rehabilitated as required to bring the building or structure into compliance with this code prior to the building or structure being again occupied or used.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.063 UNSAFE BUILDINGS AND STRUCTURES.
   The regulation and abatement of unsafe buildings and structures shall be in accordance with the provisions of this code.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.064 ADMINISTRATIVE REVIEW.
   There shall be an administrative review of locally issued orders or variances provided for by I.C. 22-13-2-7.
(Ord. 2012-004, passed 3-26-12)
§ 150.065 LOCAL BUILDING CODE.
   The local building code does not apply to an industrialized building system or mobile structures certified under I.C. 22-15-4.
(Ord. 2012-004, passed 3-26-12)
ADMINISTRATION AND ENFORCEMENT
§ 150.075 STOP ORDER.
   Whenever any work is being done contrary to the provisions of this code or whenever satisfactory progress is not being made in correcting work ordered by the Building Commission or his or her duly authorized representative, the Building Commissioner or his or her duly authorized representative may order the work stopped on that portion deemed to be in violation, or on the entire project, by posting a stop work card on the job site. Any person, firm or corporation who shall continue any work on a stopped project, or portion thereof, other than corrective work, shall be liable to penalty for violations as set forth in this code. Each day, or portion thereof, of any continued work shall be considered a separate offense.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.076 CERTIFICATE OF OCCUPANCY.
   (A)   It shall be unlawful for any owner, lessee or tenant to occupy, use or permit the use of any building, structure or part thereof that is constructed, erected, altered or repaired, or the use of which is changed, prior to the issuance of a certificate of occupancy by the Building Commission.
   (B)   No certificate of occupancy shall be issued unless the building or structure was constructed, erected, altered, repaired or changed in compliance with the provisions of this code. The Building Commission may require that the owner and/or the professional inspecting architect or engineer of a construction project submit to the Department, prior to the issuance of a certificate of occupancy, a statement indicating that the project construction work is substantially complete in accordance with the construction documents released by the State Building Commissioner. The statement shall also list all remaining items that require completion or correction.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.077 RESPONSIBILITY OF POLICE DEPARTMENT TO COOPERATE.
   The Police Department, upon request of the Building Commissioner, shall assist in the enforcement of this code. The Building Commissioner or his or her duly authorized representative may request the police to accompany him or her to any premises to help enforce the law and serve required notices.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.078 RESPONSIBILITY OF FIRE DEPARTMENT TO COOPERATE.
   The Fire Department shall cooperate with and provide assistance to the Building Commissioner in determining the compliance of new buildings and structures under construction with the fire safety standards requirement of this code.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.079 AUTHORITY TO TAKE EMERGENCY ACTION.
   The Building Commissioner and his or her duly authorized representative have the authority to take necessary emergency action concerning any unsafe premises within the corporate limits of the town. The action may include, but is not limited to, the vacating of an unsafe building and/or the disconnection of any electrical service or natural gas service to any premises upon determination that the immediate action is necessary for safety to persons or property. The emergency action taken shall be limited to removing any immediate danger.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.080 LIABILITY.
   The town, the Building Commissioner or his or her duly authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of their duties, shall not thereby render themselves personally liable and they hereby are relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of their duties. Any suit brought against the town or the Commissioner and/or boards, or his or her duly authorized representative, because of the act or omission performed by them in the enforcement of any provisions of this code, shall be defended by the Town Attorney of the town until final termination of the proceedings, as covered in I.C. 34-4-16.5-2(1).
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.081 VIOLATIONS.
   It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sub-lessee or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, including fences, in the town or cause or permit the same to be done, contrary to or in violation of the provisions of this code.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.082 RIGHT OF APPEAL.
   All persons shall have the right to appeal the decision(s) of the Building Commissioner or his or her duly authorized representative first through the Board of Zoning Appeals and then through any administrative agency set forth in the Indiana Code or to a court of competent jurisdiction.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.083 REMEDIES.
   The Building Commissioner shall request the Town Attorney to bring action on behalf of the town in the circuit or superior courts of the county for mandatory and injunctive relief in the enforcement of, and to secure compliance with, any order or orders made by the Commissioner or his or her duly authorized representative, and any action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this code. Any person adjudged guilty of a violation of this code may also be adjudged to pay the costs of prosecution.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
§ 150.084 ENTRY AUTHORIZED.
   Upon presentation of proper credentials, whenever necessary to make an inspection to enforce any of the provisions of this code or whenever there is reasonable cause to believe that there exists in any building, structure or premises any condition or code violation which makes the building, structure or premises unsafe, dangerous or hazardous, the Building
Commissioner or his or her duly authorized representatives may enter at reasonable times any building, structures or premises in the town to perform any duty imposed upon him or her by this code.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)
PERMIT AND INSPECTION FEES
§ 150.095 TITLE.
   This subchapter shall be commonly known as the Town of Sellersburg Permit and Inspection Fee Ordinance.
(Ord. 2023-OR-17, passed 8-14-23)
§ 150.096 EXPIRATION OF PERMITS.
   All permits issued in accordance with this subchapter shall expire as follows:
   (A)   If work is not started within six months (180 days); or
   (B)   If work has not been completed within one year of the date of issuance.
(Ord. 2023-OR-17, passed 8-14-23)
§ 150.097 RE-INSTATEMENT OF EXPIRED PERMIT.
   If there has been no change to the construction and no change in the various codes adopted by the Fire Prevention and Building Safety Commission, for good cause shown the Building Commission may grant the re-instatement of an expired permit. Re-instated permit shall expire one year from date of re-instatement.
(Ord. 2023-OR-17, passed 8-14-23)
§ 150.098 EXTENSION OF PERMITS.
   For good cause shown, the Building Commissioner may grant a one time extension of an unexpired permit not to exceed one year.
(Ord. 2023-OR-17, passed 8-14-23)
§ 150.099 FEES.
   (A)   The following fees shall be paid to obtain said permit and inspections performed.
   (B)   Calculation of square footage shall be based on floor area of every floor, including basement (finished and unfinished), garages, decks, porches, and the like based on exterior dimensions.
(Ord. 2023-OR-17, passed 8-14-23)
§ 150.100 DISPOSITION OF FEES.
   All fees collected or received by the Sellersburg Building Department pursuant to this subchapter shall be deposited with the Clerk-Treasurer of the Town of Sellersburg to be deposited in the general fund of the town.
(Ord. 2023-OR-17, passed 8-14-23)
§ 150.101 FEE SCHEDULE.
Commercial Permits (Class 1 structure) Permit fee based on Indiana Building Code Occupancy Type:
New Construction - Remodel - Addition - First Tenant Finish
Commercial Permits (Class 1 structure) Permit fee based on Indiana Building Code Occupancy Type:
New Construction - Remodel - Addition - First Tenant Finish
Assembly (A-1, A-2, A-3)
$0.15 per square foot
Assembly (A-4, A-5)
$0.10 per square foot
Business (B)
$0.13 per square foot
Education
$0.14 per square foot
Factory (F-l, F-2)
$0.12 per square foot
High Hazard (H-l, H-2, H-3, H-4, H-5)
$0.12 per square foot
Institutional (I-1, I-2, I-3, I-4)
$0.14 per square foot
Mercantile (M)
$0.13 per square foot
Storage (S-1, S-2)
$0.11 per square foot
Hotel/Motel/Multi-Family (R-l, R-2, R-3, R-4)
$0.13 per square foot
Utility/miscellaneous (private garage, carport and sheds associated with Class 1 structure)
$0.10 per square foot
Utility/miscellaneous - towers (cell/radio and the like)
$1000 new/$300 co-locate
Agriculture that are Class 1 structures
$0.10 per square foot
Remodel/renovation
$150 plus $0.05 per square foot
Class 1 Indiana Industrialized Building System (Modular) [includes site improvement] Class 1 Indiana Mobile Structure (temporary installation) [includes site improvements]
$75 per labeled unit
Awning/canopy
$100 per awning/canopy
Class 1 structure - foundation only (including accessory structures)
$200
Commercial Electrical Class 1
Class 1 new construction
$1 per amp
Class 1 structure - addition/remodel/renovation
$50 plus $0.05 per sq. ft.
Multi-family (3 family and over), new construction
$125 per unit
Multi-family (3 family and over), addition/remodel/alteration
$75 per unit
Change of service/upgrade
$1 per amp
Reconnect inspection
$75
Temporary electrical pole (service)
$75
Cell tower
$75 + $1 per amp
Pool bonding
$100
Sign
$75 pole or monument; $25 per wall sign
Commercial Plumbing Class 1
Class 1 - new construction
$100 plus $5 per plumbing fixture*
Class 1 structure - addition/remodel/renovation
$75 plus $2.50 per plumbing fixture*
Fixtures include: water closet, urinal, sink, lavatory, service sink, drinking fountain, dental cuspidor, floor drain, dishwasher, and the like
Multi-family, (3-family and over), new construction
$75 per dwelling unit
Multi-family, (3-family and over) - addition/remodel/renovation
$25 per dwelling unit
Water heater - new or replacement
$50 per water heater
Commercial Heating/Ventilation/Air Conditioning Class 1
Class 1 structure - new construction - combination heating and air conditioning
$100 - 1st unit
$50 - for each additional
Furnace and air combination (replacement)
Furnace or AC only (replacement)
Addition/remodel/renovation
$100 per set
$75 per unit
$0.05/sq. ft. or $100 minimum
Roof Top Units (RTU)
$100 per unit
Multi-family, (3-family and over), new construction
$50 per dwelling unit
Multi-family, (3-family and over) - addition/remodel/renovation
$25 per dwelling unit
PTAC/split system
$100 per unit
Spray booth ventilation, exhaust fans
$150 per unit
Fireplace/manufactured/masonry
$100 per unit
Commercial Kitchen Hoods
Type I or (including fire suppression system)
$150
Type II (No fire suppression)
$75
Commercial Fire Protection Sprinkler System Class 1
New NFPA 13 or NFPA 13R
$100 + $0.25 each sprinkler head
Alteration NFPA 13 or NFPA 13R
$75 + $0.25 each sprinkler head
Commercial Fire Alarm System Class 1
Fire alarm system (automatic or manual)
Up to 20,000 square feet - $150
20,001 square feet - $150 plus $20 for each additional 10,000 square feet
Flammable and Combustible Liquid Storage Tank
Underground
$100 per tank
Aboveground
$50 per tank
Commercial Miscellaneous Permits/Fees
Swimming pool
$250
Hot tub/spa
$75
Sauna
$50
Fence
$50 for the first 100 lineal feet, then $10 for each additional 50 feet
Demolition/wrecking Class 1 structure including accessory structures
$150per building
Roofing
$150
Inspections
$50 per inspection
Temporary work trailer (per 12 months)
$75
Dumpster enclosure
$100
Inspection Fees and Fines Class I
Reinspections: multi-family
1st - $100
1st - $50 per unit
2nd - $350
2nd multi-family - $100 per unit
3rd and more - $500
3rd multi-family - $200 per unit
Work without a license
$150
Work without a permit
1st - $300
2nd - $500
3rd - $ 1,000 and license suspension - 1 year
4th - License revocation
Plan Review - Class 1 Structure
New construction
$150 plus $0.04 per sq. ft.
Additions/remodel/renovation
$100 plus $0.04 per sq. ft.
Amendment to plans, including plan revisions, fire alarm, sprinkler systems, Type 1 kitchen hood, and the like
$50 per submittal
Residential (Class 2 Structure) Permit Fees [1 or 2 Family Dwellings].
New construction
$100 plus $0.10 per sq. ft.
New construction additions
$50 plus $0.10 per sq. ft.
Manufactured home or Indiana Residential Industrialized Building System (modular); electric, HVAC and plumbing shall be separate permits.
$100
Foundation only (including associated attached accessory structure)
$100
Remodel/renovation
$100
Plan review fee for new single- or two-family homes
$75
Accessory structures to a Class 2 structure - garages, detached carports, portable storage sheds (greater than 150 sq. ft. floor area), deck porch, and the like
$0.05 per square foot
Minimum fee - $50
Fence
$50
Residential Electrical (Class 2)
New construction
$0.50 per amp
Addition/remodel/renovation
$75
Change of service/upgrade
$100
Reconnection inspection
$50 per unit
Temporary electrical service
$75
Residential solar
$100
Pool bonding
$50
Backup generator
$100
Residential Plumbing (Class 2)
New construction
$75 plus $2.50 each plumbing fixture; shall include water closet/sink/lavatory/clothes washer standpipe/combination bathtub-shower/individual bathtub/individual shower/bidet, and the like
Addition/remodel/renovation
$75
Water heaters (new and replacement)
$50
Residential Heating/Ventilation/Air Conditioning Class 2 per Unit
Combination furnace and AC (new)
$100 per combination
Combination furnace and AC (replacement)
$75 per combination
Furnace or AC (replacement)
$50 per unit
Mini split/PTAC
$75 per unit
Addition/remodel/renovation/replacement
$75
Residential Miscellaneous Permits
Demolition/wrecking
$150 per building
Swimming pool inground or aboveground
$100
Dumpsters located in R.O.W. (right-of-way)
$100
Chicken flock (AG Zone not required)
$35
Inspection Fees and Fines Class 2
1st reinspection fee
$50 per unit
2nd reinspection fee
$150 per unit
3rd reinspection fee
$350 per unit
Class 1 structure and Class 2 structure permit renewal
1/2 original permit fee - if approved
Working with no permit (per project, multiple projects may be subject to multiple offenses)
1st offense - $300 plus cost of permit
2nd offense - $500 plus cost of permit
3rd or more - license suspension
Working without a license
$100 plus the cost of the license
Signs
Billboard
$1,200
EVMS Billboard
$1,500
Temporary:
 
DT, TC, GO Districts
Portable - $100/$50 per face

Portable EVMS - $300/$150 per face
Bl, B2, B3, DT, TC, I1, I2, GO
Site, swing, and yard signs - $100/$50 per face
Permanent:
 
AG, R1, R2, M1, M2, DTN, MHP
Monument - $300/$150 per face
B1, B2, B3, GO
Awning - $150

Monument - $300

Projecting - $200

Wall - $150

Window - $100
I1 and I2
Awning - $300

Monument - $500

Projecting - $300

Wall - $300

Window-$150
DT and TC
Awning/Canopy - $150

Monument - $300

Projecting - $200

Wall - $150

Window - $100
Short Term Rental
Initial registration permit (IRP)
$150
Annual renewal permit
$0
Annual inspection (Every year including 1st)
$50
 
(Ord. 2023-OR-17, passed 8-14-23)
§ 150.999 PENALTY.
   If any person, firm or corporation shall violate any of the provisions of this code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner or his or her duly authorized representative, or shall fail, neglect or refuse to obey any lawful order given by the Commissioner or his or her duly authorized representative, in connection with the provisions of this code, for each violation, failure or refusal, the person, firm or corporation shall upon conviction of the violations be fined accordingly, of the town code. Each act of violation and every day upon which a violation occurs constitutes a separate offense. Enforcement of this chapter shall be by the Building Commissioner or his or her duly authorized representative.
(Ord. 2012-004, passed 3-26-12)
CHAPTER 151: MOBILE HOME PARKS
Section
   151.01   Definitions
   151.02   Regulations affecting mobile home parks
§ 151.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MOBILE HOME. A vehicle or other portable structure that is designed to move on the highway and designed, constructed or used in a manner as to permit the occupancy thereof as a dwelling for one or more persons, which is both used and occupied as a dwelling having no foundation other than wheels, jacks, skirting or other temporary supports.
   MOBILE HOME PARK. An area of land, whether or not subdivided, on which five or more mobile homes are regularly accommodated, with or without charge, for the purpose of being occupied as principal residences, including any building utilities or other structures, fixtures or equipment that is used for or intended to be used in providing that accommodation.
(`93 Code, § 7-46) (Ord. 474A, passed 3-27-89)
§ 151.02 REGULATIONS AFFECTING MOBILE HOME PARKS.
   (A)   (1)   No mobile home park shall be permitted except in areas designated as a special zoning district mobile home unit development (MHUD), as designated by the Plan Commission. Any existing areas where there are five or more mobile homes currently being accommodated shall be hereafter designated as MHUDs and shall be subject to this chapter, as interpreted by the Plan Commission. Any future mobile home parks, MHUDs or single mobile homes shall not be sited nor placed within the confines of the town's corporate limits without express permission of the Plan Commission which shall issue a permit for the MHUD.
      (2)   Any future sited mobile home must be sited within an approved mobile home park. There shall be no charge for this permit but after application is made to the Plan Commission, there shall be a review period equal to the period until the next regularly scheduled meeting of the Town Council.
   (B)   (1)   Mobile homes shall be no less than 50 feet apart and shall be provided with permanent public sewers for wastewater disposal.
      (2)   Public water sources shall be used for the potable water supply.
   (C)   The ordinance permitting mobile homes in the specially-designated area shall not be subject to any variance by the Board of Zoning Appeals.
   (D)   Mobile homes shall be elevated no more than four feet above a permanent concrete pad, stands of compacted fill or pilings supported in stable soil no more than ten feet apart.
   (E)   Substantial steps shall be provided to the doors (entrance and exit) of the mobile home.
   (F)   Over-the-top tie-downs shall be provided on each mobile home, located at each of the four corners of the mobile home with two additional tie-downs per side at intermediate locations for mobile homes of 50 feet in length and with one additional tie-down per side located mid-way for mobile homes of less than 50 feet in length.
   (G)   Frame tie-downs shall be provided for each corner of mobile homes with five additional tie-downs per side spaced evenly for mobile homes of 50 feet or more in length and with four additional tie-downs at intermediate locations for mobile homes of less than 50 feet in length. All components of the above specified anchoring system shall be capable of withstanding an applied force of 4,800 pounds per square inch (psi) and any additions shall be anchored with components equal to above.
   (H)   Adequate surface drainage shall be provided.
   (I)   Access and egress for a mobile home hauler shall be provided and shall comply with specifications and guidelines set forth by the Mobile Home Association of Indiana.
   (J)   No mobile home may be placed over or within three feet of any water utility meter and may not be placed in a position as to block or limit free and easy access to any other utility meter.
(`93 Code, § 7-47) (Ord. 474A, passed 3-27-89)
CHAPTER 152: FLOOD HAZARD AREAS
Section
General Provisions
   152.01   Statutory authorization
   152.02   Findings of fact
   152.03   Statement of purpose
   152.04   Objectives
   152.05   Definitions
   152.06   Lands to which this chapter applies
   152.07   Basis for establishing regulatory flood data
   152.08   Establishment of floodplain development permit
   152.09   Compliance
   152.10   Abrogation and greater restrictions
   152.11   Discrepancy between mapped floodplain and actual ground elevations
   152.12   Interpretation
   152.13   Warning and disclaimer of liability
Administration
   152.25   Designation of Administrator
   152.26   Permit procedures
   152.27   Duties and responsibilities of the Floodplain Administrator
Provisions for Flood Hazard Reduction
   152.40   General standards
   152.41   Specific standards
   152.42   Standards for subdivision proposals
   152.43   Critical facility
   152.44   Standards for identified floodways
   152.45   Standards for identified fringe
   152.46   Standards for SFHAs without established base flood elevation and/or floodways/fringe
   152.47   Standards for flood prone areas
Variance Procedures
   152.60   Designation of Variance and Appeals Board
   152.61   Duties of Variance and Appeals Board
   152.62   Variance procedures
   152.63   Conditions for variances
   152.64   Variance notification
   152.65   Historic structure
   152.66   Special conditions
 
   152.99   Penalty
GENERAL PROVISIONS
§ 152.01 STATUTORY AUTHORIZATION.
   The Indiana Legislature has in I.C. 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the Town Council of the Town of Sellersburg does hereby adopt the following floodplain management regulations.
(Ord. 2014-007, passed 4-16-14)
§ 152.02 FINDINGS OF FACT.
   (A)   The flood hazard areas of the town are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
   (B)   These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately flood-proofed, or otherwise unprotected from flood damages.
(Ord. 2014-007, passed 4-16-14)
§ 152.03 STATEMENT OF PURPOSE.
   It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
   (A)   Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities.
   (B)   Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
   (C)   Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters.
   (D)   Control filling, grading, dredging, and other development which may increase erosion or flood damage.
   (E)   Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
   (F)   Make federally subsidized flood insurance available for structures and their contents in the town by fulfilling the requirements of the National Flood Insurance Program.
(Ord. 2014-007, passed 4-16-14)
§ 152.04 OBJECTIVES.
   The objectives of this chapter are:
   (A)   To protect human life and health.
   (B)   To minimize expenditure of public money for costly flood control projects.
   (C)   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
   (D)   To minimize prolonged business interruptions.
   (E)   To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains.
   (F)   To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas.
(Ord. 2014-007, passed 4-16-14)
§ 152.05 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   A ZONE. Portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM. The definitions are presented below:
      ZONE A. Areas subject to inundation by the 1% annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown.
      ZONE AE AND A1-A30. Areas subject to inundation by the 1% annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. (Zone AE is on new and revised maps in place of Zones A1-A30.)
      ZONE AO. Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone.
      ZONE AH. Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone.
      ZONE AR. Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection.
      ZONE A99. Areas subject to inundation by the 1% annual chance flood event, but which will ultimately be protected upon completion of an under-construction federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown.
   ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure with a floor area 400 square feet or less that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human
habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.
   ADDITION (TO AN EXISTING STRUCTURE). Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.
   APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.
   AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
   BASE FLOOD ELEVATION (BFE). The elevation of the 1% annual chance flood.
   BASEMENT. That portion of a structure having its floor sub-grade (below ground level) on all sides.
   BOUNDARY RIVER. The part of the Ohio River that forms the boundary between the Kentucky and Indiana.
   BOUNDARY RIVER FLOODWAY. The floodway of a boundary river.
   BUILDING. See STRUCTURE.
   COMMUNITY. A political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.
   COMMUNITY RATING SYSTEM (CRS). A program developed by the Federal Insurance Administration to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.
   CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
   DEVELOPMENT. Any man-made change to improved or unimproved real estate including but not limited to:
      (1)   Construction, reconstruction, or placement of a structure or any addition to a structure;
      (2)   Installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days;
      (3)   Installing utilities, erection of walls and fences, construction of roads, or similar projects;
      (4)   Construction of flood control structures such as levees, dikes, dams, channel improvements, and the like;
      (5)   Mining, dredging, filling, grading, excavation, or drilling operations;
      (6)   Construction and/or reconstruction of bridges or culverts;
      (7)   Storage of materials; or
      (8)   Any other activity that might change the direction, height, or velocity of flood or surface waters.
DEVELOPMENT does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.
   ELEVATED STRUCTURE. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers).
   ELEVATION CERTIFICATE. A certified statement that verifies a structure's elevation information.
   EMERGENCY PROGRAM. The first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.
   EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance.
   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
   FEMA. The Federal Emergency Management Agency.
   FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
   FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.
   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
   FLOOD INSURANCE STUDY (FIS). The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.
   FLOOD PRONE AREA. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See FLOOD.)
   FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood plus two feet at any given location in the SFHA. (See FREEBOARD.)
   FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts.
   FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
   FLOODPLAIN MANAGEMENT REGULATIONS. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain management regulations are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.
   FLOODPROOFING (DRY FLOODPROOFING). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.
   FLOODPROOFING CERTIFICATE. A form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a registered professional engineer or architect.
   FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
   FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.
   FRINGE. Those portions of the floodplain lying outside the floodway.
   HARDSHIP (as related to variances of this chapter). The exceptional hardship that would result from a failure to grant the requested variance. The Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
   HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.
   HISTORIC STRUCTURES. Any structures individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.
   INCREASED COST OF COMPLIANCE (ICC). The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.
   LETTER OF FINAL DETERMINATION (LFD). A letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause.
   LETTER OF MAP CHANGE (LOMC). A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on Fill (LOMR-F). The definitions are presented below:
      LETTER OF MAP AMENDMENT (LOMA). An amendment by letter to the currently effective FEMA map that establishes that a property is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA.
      LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
      LETTER OF MAP REVISION BASED ON FILL (LOMR-F). An official revision by letter to an effective NFIP map. A LOMR-F provides FEMA's determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.
   LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
   LOWEST FLOOR. The lowest elevation described among the following:
      (1)   The top of the lowest level of the structure.
      (2)   The top of the basement floor.
      (3)   The top of the garage floor, if the garage is the lowest level of the structure.
      (4)   The top of the first floor of a structure elevated on pilings or pillars.
      (5)   The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless:
         (a)   The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters by providing a minimum of two openings (in addition to doorways and windows) in a minimum of two exterior walls; if a structure has more than one enclosed area, each shall have openings on exterior walls;
         (b)   The total net area of all openings shall be at least one square inch for every one square foot of enclosed area; the bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and
         (c)   Such enclosed space shall be usable solely for the parking of vehicles and building access.
   MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
   MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
   MARKET VALUE. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.
   MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.
   NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.
   NATIONAL GEODETIC VERTICAL DATUM (NGVD) OF 1929 AS CORRECTED IN 1929. A vertical control used as a reference for establishing varying elevations within the floodplain.
   NEW CONSTRUCTION. Any structure for which the start of construction commenced after the effective date of the community's first floodplain ordinance.
   NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.
   NON-BOUNDARY RIVER FLOODWAY. The floodway of any river or stream other than a boundary river.
   NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) AS ADOPTED IN 1993. A vertical control datum used as a reference for establishing varying elevations within the floodplain.
   OBSTRUCTION. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
   ONE-PERCENT ANNUAL CHANCE FLOOD. The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 1% annual chance flood. See REGULATORY FLOOD.
   PHYSICAL MAP REVISION (PMR). An official republication of a community's FEMA map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
   PUBLIC SAFETY AND NUISANCE. Anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
   RECREATIONAL VEHICLE. A vehicle which is:
      (1)   Built on a single chassis;
      (2)   Four hundred square feet or less when measured at the largest horizontal projections;
      (3)   Designed to be self-propelled or permanently towable by a light duty truck; and
      (4)   Designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.
   REGULAR PROGRAM. The phase of the community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.
   REGULATORY FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in § 152.07 of this chapter. The REGULATORY FLOOD is also known by the term BASE FLOOD, ONE-PERCENT ANNUAL CHANCE FLOOD, and 100-YEAR FLOOD.
   REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeds 25% of the market value of the structure before the damage occurred.
   SECTION 1316. That section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.
   SPECIAL FLOOD HAZARD AREA (SFHA). Those lands within the jurisdiction of the Town of Sellersburg subject to inundation by the regulatory flood. The SFHAs of the town are generally identified as such on the Clark County, Indiana and Incorporated Areas Flood Insurance Rate Map dated April l6, 2014 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, A1- A30, AH, AR, A99, or AO).
   START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
   STRUCTURE. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.
   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure.
   SUSPENSION. The removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.
   VARIANCE. A grant of relief from the requirements of this chapter, which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
   VIOLATION. The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation, other certification, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
   WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
   X ZONE. The area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2% chance of being equaled or exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2%.
   ZONE. A geographical area shown on a FIRM that reflects the severity or type of flooding in the area.
   ZONE A. See definition for A zone.
   ZONE B, C, AND X. Areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C.)
(Ord. 2014-007, passed 4-16-14)
§ 152.06 LANDS TO WHICH THIS CHAPTER APPLIES.
   This chapter shall apply to all SFHAs and known flood prone areas within the jurisdiction of the Town of Sellersburg.
(Ord. 2014-007, passed 4-16-14)
§ 152.07 BASIS FOR ESTABLISHING REGULATORY FLOOD DATA.
   This chapter's protection standard is the regulatory flood. The best available regulatory flood data is listed below.
   (A)   The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the Town of Sellersburg shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of Clark County, Indiana and Incorporated Areas and the corresponding Flood Insurance Rate Map dated April 16, 2014 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
   (B)   The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the Town of Sellersburg, delineated as an "A Zone" on the Clark County, Indiana and Incorporated Areas Flood Insurance Rate Map dated April 16, 2014 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review, subsequently approved.
   (C)   In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
   (D)   Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
(Ord. 2014-007, passed 4-16-14)
§ 152.08 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
   A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard.
(Ord. 2014-007, passed 4-16-14)
§ 152.09 COMPLIANCE.
   No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this chapter and other applicable regulations.
(Ord. 2014-007, passed 4-16-14)
§ 152.10 ABROGATION AND GREATER RESTRICTIONS.
   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 2014-007, passed 4-16-14)
§ 152.11 DISCREPANCY BETWEEN MAPPED FLOODPLAIN AND ACTUAL GROUND ELEVATIONS.
   (A)   In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
   (B)   If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
   (C)   If the elevation (natural grade) of the site in question is above the base flood elevation and not located within the floodway, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a LOMA.
(Ord. 2014-007, passed 4-16-14)
§ 152.12 INTERPRETATION.
   In the interpretation and application of this chapter all provisions shall be:
   (A)   Considered as minimum requirements.
   (B)   Liberally construed in favor of the governing body.
   (C)   Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 2014-007, passed 4-16-14)
§ 152.13 WARNING AND DISCLAIMER OF LIABILITY.
   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the Town of Sellersburg, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 2014-007, passed 4-16-14)
ADMINISTRATION
§ 152.25 DESIGNATION OF ADMINISTRATOR.
   The Town Council of the Town of Sellersburg hereby appoints the Building Commissioner and/or designee to administer and implement the provisions of this chapter and is herein referred to as the Floodplain Administrator.
(Ord. 2014-007, passed 4-16-14)
§ 152.26 PERMIT PROCEDURES.
   Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically the following information is required:
   (A)   Application stage.
      (1)   A description of the proposed development.
      (2)   Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams.
      (3)   A legal description of the property site.
      (4)   A site development plan showing existing and proposed development locations and existing and proposed land grades.
      (5)   Elevation of the top of the planned lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD.
      (6)   Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed.
      (7)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. (See 152.27(B)(6) for additional information.)
   (B)   Construction stage.
      (1)   Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall be the duty of the applicant to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor, as built. The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. (The Floodplain Administrator shall review the lowest floor elevation survey data submitted.) The applicant shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make the corrections required hereby shall be cause to issue a stop-work order for the project. Any work undertaken prior to submission of the elevation certification shall be at the applicant's risk. The Floodplain Administrator shall review the lowest floor elevation survey data submitted. The applicant shall correct any deficiencies detected by such review. Failure to submit the elevation certification or failure to make correction required shall be cause to issue a stop-work order for the project.
      (2)   Upon establishment of the floodproofed elevation of a floodproofed structure, it shall be the duty of the applicant to submit to the Floodplain Administrator a floodproofing certificate. Certification shall be prepared by or under the direction supervision of a registered professional engineer and certified by same. (The Floodplain Administrator shall review the floodproofing certification submitted.) The applicant shall correct any deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the floodproofing certification or failure to make correction required shall be cause to issue a stop-work order for the project.
   (C)   Finished construction. Upon completion of construction, a FEMA elevation certificate which depicts all finished construction, is required to be submitted to the Floodplain Administrator. If the project includes a floodproofing measure, a FEMA floodproofing certificate is required to be submitted by the applicant to the Floodplain Administrator.
(Ord. 2014-007, passed 4-16-14)
§ 152.27 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
   (A)   The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this chapter. The Administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose.
   (B)   Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
      (1)   Review all floodplain development permits to assure that the permit requirements of this chapter have been satisfied.
      (2)   Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations.
      (3)   Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to §§ 152.44 and 152.46(A) of this chapter, and maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment).
      (4)   Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits/authorizations are to be maintained on file with the floodplain development permit.
      (5)   Maintain and track permit records involving additions and improvements to residences located in the floodway.
      (6)   Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA.
      (7)   Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this chapter.
      (8)   Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community.
      (9)   Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.
      (10)   Review certified plans and specifications for compliance.
      (11)   Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 152.26.
      (12)   Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with § 152.26.
      (13)   Stop work orders.
         (a)   Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of this chapter shall immediately cease.
         (b)   Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
      (14)   Revocation of permits.
         (a)   The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the chapter, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
         (b)   The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with; the provisions of this chapter.
(Ord. 2014-007, passed 4-16-14)
PROVISIONS FOR FLOOD HAZARD REDUCTION
§ 152.40 GENERAL STANDARDS.
   In all SFHAs and known flood prone areas the following provisions are required:
   (A)   New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
   (B)   Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
   (C)   New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
   (D)   New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
   (E)   Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
   (F)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   (G)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   (H)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
   (I)   Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter.
(Ord. 2014-007, passed 4-16-14)
§ 152.41 SPECIFIC STANDARDS.
   In all SFHAs, the following provisions are required:
   (A)   In addition to the requirements of § 152.40, all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
      (1)   Construction or placement of any structure having a floor area greater than 400 square feet.
      (2)   Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land).
      (3)   Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to it's before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred.
      (4)   Installing a travel trailer or recreational vehicle on a site for more than 180 days.
      (5)   Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.
      (6)   Reconstruction or repairs made to a repetitive loss structure.
      (7)   Addition or improvement made to any existing structure with a previous addition or improvement constructed since the community's first floodplain ordinance.
   (B)   Residential structures. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of § 152.41(D).
   (C)   Non-residential structures. New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of § 152.41(D). Structures located in all "A Zones" may be floodproofed in lieu of being elevated if done in accordance with the following:
      (1)   A registered professional engineer or architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the official as set forth in § 152.27(B)(12).
      (2)   Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
   (D)   Elevated structures.
      (1)   New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG.
      (2)   Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must meet the following minimum criteria:
         (a)   Provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area).
         (b)   The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher.
         (c)   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
         (d)   Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
         (e)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
         (f)   The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
   (E)   Structures constructed on fill. A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following:
      (1)   The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in permit file.
      (2)   The fill shall extend ten feet beyond the foundation of the structure before sloping below the BFE.
      (3)   The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical.
      (4)   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
      (5)   The top of the lowest floor including basements shall be at or above the FPG.
   (F)   Standards for manufactured homes and recreational vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements:
      (1)   These requirements apply to all manufactured homes to be placed on a site outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood:
         (a)   The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
         (b)   Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in § 152.41(D).
         (c)   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
      (2)   These requirements apply to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood:
         (a)   The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
         (b)   Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in § 152.41(D).
         (c)   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
      (3)   Recreational vehicles placed on a site shall either:
         (a)   Be on site for less than 180 days;
         (b)   Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
         (c)   Meet the requirements for manufactured homes as stated earlier in this section.
   (G)   Accessory structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures. Such structures must meet the following standards:
      (1)   Shall not be used for human habitation.
      (2)   Shall be constructed of flood resistant materials.
      (3)   Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters.
      (4)   Shall be firmly anchored to prevent flotation.
      (5)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG.
      (6)   Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in § 152.41(D).
   (H)   Above ground gas or liquid storage tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement.
(Ord. 2014-007, passed 4-16-14)
§ 152.42 STANDARDS FOR SUBDIVISION PROPOSALS.
   (A)   All subdivision proposals shall be consistent with the need to minimize flood damage.
   (B)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
   (C)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
   (D)   Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres.
   (E)   All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.
   (F)   All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).
(Ord. 2014-007, passed 4-16-14)
§ 152.43 CRITICAL FACILITY.
   Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible.
(Ord. 2014-007, passed 4-16-14)
§ 152.44 STANDARDS FOR IDENTIFIED FLOODWAYS.
   (A)   Located within SFHAs, established in § 152.07, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of I.C. 14-28-1 a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving, and the like undertaken before the actual start of construction of the structure. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. (I.C. 14-28-1-26 allows construction of a non-substantial addition/improvement to a residence in a non-boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana Department of Natural Resources.)
   (B)   No action shall be taken by the Floodplain Administrator until a permit or letter of authorization (when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway or letter of authorization has been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in §§ 152.40 through 152.47 of this chapter have been met. The floodplain development permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community's more restrictive regulations (if any) shall take precedence.
   (C)   No development shall be allowed, which acting alone or in combination with existing or future development, that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse affect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses.
   (D)   For all projects involving channel modifications or fill (including levees) the town shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data per mapping standard regulations found at 44 C.F.R. § 65.12.
(Ord. 2014-007, passed 4-16-14)
§ 152.45 STANDARDS FOR IDENTIFIED FRINGE.
   If the site is located in an identified fringe, then the Floodplain Administrator may issue the local floodplain development permit provided the provisions contained in §§ 152.40 through 152.47 of this chapter have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG.
(Ord. 2014-007, passed 4-16-14)
§ 152.46 STANDARDS FOR SFHAS WITHOUT ESTABLISHED BASE FLOOD ELEVATION AND/OR FLOODWAYS/FRINGES.
   (A)   Drainage area upstream of the site is greater than one square mile:
      (1)   If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.
      (2)   No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway (including letters of authorization) or a floodplain analysis/regulatory assessment citing the 1% annual chance flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources.
      (3)   Once the Floodplain Administrator has received the proper permit for construction in a floodway (including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, a floodplain development permit may be issued provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in §§ 152.40 through 152.47 of this chapter have been met.
   (B)   Drainage area upstream of the site is less than one square mile:
      (1)   If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 1% annual chance flood elevation for the site.
      (2)   Upon receipt, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in §§ 152.40 through 152.47 of this chapter have been met.
   (C)   The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than 0.14 of one foot and will not increase flood damages or potential flood damages.
(Ord. 2014-007, passed 4-16-14)
§ 152.47 STANDARDS FOR FLOOD PRONE AREAS.
   All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet applicable standards as required per §§ 152.40 through 152.47.
(Ord. 2014-007, passed 4-16-14)
VARIANCE PROCEDURES
§ 152.60 DESIGNATION OF VARIANCE AND APPEALS BOARD.
   The Board of Zoning Appeals shall hear and decide appeals and requests for variances from requirements of this chapter.
(Ord. 2014-007, passed 4-16-14)
§ 152.61 DUTIES OF VARIANCE AND APPEALS BOARD.
   The Board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this chapter. Any person aggrieved by the decision of the Board may appeal such decision to the Clark County Circuit Court.
(Ord. 2014-007, passed 4-16-14)
§ 152.62 VARIANCE PROCEDURES.
   In passing upon such applications, the Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter; and
   (A)   The danger of life and property due to flooding or erosion damage.
   (B)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
   (C)   The importance of the services provided by the proposed facility to the community.
   (D)   The necessity to the facility of a waterfront location, where applicable.
   (E)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
   (F)   The compatibility of the proposed use with existing and anticipated development.
   (G)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
   (H)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
   (I)   The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site.
   (J)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(Ord. 2014-007, passed 4-16-14)
§ 152.63 CONDITIONS FOR VARIANCES.
   (A)   Variances shall only be issued when there is:
      (1)   A showing of good and sufficient cause.
      (2)   A determination that failure to grant the variance would result in exceptional hardship.
      (3)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
   (B)   No variance for a residential use within a floodway subject to §§ 152.44 and 152.46(A) of this chapter may be granted.
   (C)   Any variance granted in a floodway subject to §§ 152.44 and 152.46(A) of this chapter will require a permit from the Indiana Department of Natural Resources.
   (D)   Variances to the provisions for flood hazard reduction of § 152.41, may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
   (E)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   (F)   Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.
   (G)   Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (see § 152.64).
   (H)   The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request (see § 152.64).
(Ord. 2014-007, passed 4-16-14)
§ 152.64 VARIANCE NOTIFICATION.
   (A)   Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that:
      (1)   The issuance of a variance to construct a structure below the flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
      (2)   Such construction below the flood protection grade increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
   (B)   The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance.
(Ord. 2014-007, passed 4-16-14)
§ 152.65 HISTORIC STRUCTURE.
   Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum to preserve the historic character and design of the structure.
(Ord. 2014-007, passed 4-16-14)
§ 152.66 SPECIAL CONDITIONS.
   Upon the consideration of the factors listed in §§ 152.60 through 152.66, and the purposes of this chapter, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(Ord. 2014-007, passed 4-16-14)
§ 152.99 PENALTY.
   Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance shall be deemed to be a violation of this chapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the Town of Sellersburg.
   (A)   A separate offense shall be deemed to occur for each day the violation continues to exist.
   (B)   The Floodplain Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
   (C)   Nothing herein shall prevent the town from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 2014-007, passed 4-16-14)
CHAPTER 153: SUBDIVISIONS
Section
   153.01   Subdivision Ordinance repealed and replaced by Unified Development Ordinance
§ 153.01 SUBDIVISION ORDINANCE REPEALED AND REPLACED BY UNIFIED DEVELOPMENT ORDINANCE.
   Ordinance 2017-OR-029 was repealed and replaced on January 11, 2021 with the adoption of the Unified Development Ordinance, which can be accessed on the city website through the following link:
   https://sellersburg.org/wp-content/uploads/2021/06/Sellersburg-Unified-Development-Ord inance_Adopted-1-11-21-References-
(Ord. 2021-OR-002, passed 1-11-21)
CHAPTER 154: ZONING
Section
   154.01   Zoning Ordinance repealed and replaced by Unified Development Ordinance
§ 154.01 ZONING ORDINANCE REPEALED AND REPLACED BY UNIFIED DEVELOPMENT ORDINANCE.
   Ordinance 219 was repealed and replaced on January 11, 2021 with the adoption of the Unified Development Ordinance, which can be accessed on the city website through the following link:
   https://sellersburg.org/wp-content/uploads/2021/06/Sellersburg-Unified-Development-Ord inance_Adopted-1-11-21-References-
(Ord. 2021-OR-002, passed 1-11-21)
CHAPTER 155: COMPREHENSIVE PLAN
Section
   155.01   Adoption of comprehensive plan
§ 155.01 ADOPTION OF COMPREHENSIVE PLAN.
   The Town Council adopted the comprehensive plan of the town. A copy of the plan is on file in the Clerk/Treasurer's office and is available for public inspection during regular business hours at that office.
(`93 Code, § 10-225) (Res. 1993-11, passed 7-12-93)
CHAPTER 156: UNSAFE BUILDING CODE
Section
   156.01   Adoption by reference; scope
   156.02   Definitions
   156.03   Order; contents; notice; expiration
   156.04   Hearing Authority; three member Board
   156.05   Failure or refusal to comply with order; civil penalty
   156.06   Unsafe Building Fund
 
   156.99   Violations; penalties
Cross-reference:
   Unsafe Building Fund, see § 35.13
§ 156.01 ADOPTION BY REFERENCE; SCOPE.
   Pursuant to I.C. 36-7-9-3, the Council hereby adopts the Indiana Unsafe Building Law (i.e. I.C. 36-7-9 et seq.) and appoints the Building Commissioner or his designee as the Executive Department and Authority responsible for the administration of the Unsafe Building Law within the town. The term "chapter" shall also refer to I.C. 36-7-9 et seq.
(Ord. 2020-OR-016, passed - -20)
§ 156.02 DEFINITIONS.
   As used in this chapter:
   COMMUNITY ORGANIZATION. A citizen's group, neighborhood association, neighborhood development corporation, or similar organization that:
      (1)   Has specific geographic boundaries defined in its bylaws or articles of incorporation and contains at least 40 households within those boundaries;
      (2)   Is a nonprofit corporation that is representative of at least 25 households or 20% of the households in the community, whichever is less;
      (3)   Is operated primarily for the promotion of social welfare and general neighborhood improvement and enhancement;
      (4)   Has been incorporated for at least two years; and
      (5)   Is exempt from taxation under section 501(c)(3) or 501(c)(4) of the Internal Revenue Code.
   CONTINUOUS ENFORCEMENT ORDER. An order that:
      (1)   Is issued for compliance or abatement and that remains in full force and effect on a property without further requirements to seek additional:
         (a)   Compliance and abatement authority; or
         (b)   Orders for the same or similar violations;
      (2)   Authorizes specific ongoing compliance and enforcement activities if a property requires reinspection or additional periodic abatement;
      (3)   Can be enforced, including assessment of fees and costs, without the need for additional notice or hearing; and
      (4)   Authorizes the enforcement authority to assess and collect ongoing costs for continuous enforcement order activities from any party that is subject to the enforcement authority's order.
   DEPARTMENT. Refers to the executive department authorized by ordinance to administer this chapter.
   ENFORCEMENT AUTHORITY. Refers to the chief administrative officer of the department, except in a consolidated city.
   HEARING AUTHORITY. Refers to a person or persons designated as such by the executive of a city or county, or by the legislative body of a town. An employee of the enforcement authority may not be designated as the hearing authority.
   KNOWN OR RECORDED FEE INTEREST, LIFE ESTATE INTEREST, OR EQUITABLE INTEREST OF A CONTRACT PURCHASER. Any fee interest, life estate interest, or equitable interest of a contract purchaser held by a person whose identity and address may be determined from:
      (1)   An instrument recorded in the recorder's office of the county where the unsafe premises is located;
      (2)   Written information or actual knowledge received by the department (or, in the case of a consolidated city, the enforcement authority); or
      (3)   A review of department (or, in the case of a consolidated city, the enforcement authority) records that is sufficient to identify information that is reasonably ascertainable.
   KNOWN OR RECORDED SUBSTANTIAL PROPERTY INTEREST. Any right in real property, including a fee interest, a life estate interest, a future interest, a mortgage interest, a lien as evidenced by a certificate of sale issued under I.C. 6-1.1-24, or an equitable interest of a contract purchaser, that:
      (1)   May be affected in a substantial way by actions authorized by this chapter; and
      (2)   Is held by a person whose identity and address may be determined from:
         (a)   An instrument recorded in:
            1.   The recorder's office of the county where the unsafe premises is located; or
            2.   The office of the county auditor of the county where the unsafe premises are located in the case of a lien evidenced by a certificate of sale issued under I.C. 6-1.1-24;
         (b)   Written information or actual knowledge received by the department (or, in the case of a consolidated city, the enforcement authority); or
         (c)   A review of department (or, in the case of a consolidated city, the enforcement authority) records that is sufficient to identify information that is reasonably ascertainable.
   SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a mortgage interest, or an equitable interest of a contract purchaser.
   UNSAFE BUILDINGS OR UNSAFE PREMISES. Means:
      (1)   A building or structure, or any part of a building or structure, that is:
         (a)   In an impaired structural condition that makes it unsafe to a person or property;
         (b)   A fire hazard;
         (c)   A hazard to the public health;
         (d)   A public nuisance;
         (e)   Dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
         (f)   Vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance;
      Is considered an unsafe building.
      (2)   For purposes of this chapter, the following are considered unsafe premises:
         (a)   An unsafe building and the tract of real property on which the unsafe building is located.
         (b)   A tract of real property, not including land used for production agriculture, that does not contain a building or structure or contains a building or structure that is not considered an unsafe building, if the tract of real property is:
            1.   A fire hazard;
            2.   A hazard to public health;
            3.   A public nuisance; or
            4.   Dangerous to a person or property because of a violation of a statute or an ordinance.
(Ord. 2020-OR-016, passed - -20)
§ 156.03 ORDER; CONTENTS; NOTICE; EXPIRATION.
   (A)   The enforcement authority may issue an order requiring action relative to any unsafe premises, including:
      (1)   Vacating of an unsafe building;
      (2)   Sealing an unsafe building against intrusion by unauthorized persons, in accordance with a uniform standard established by ordinance;
      (3)   Extermination of vermin in and about the unsafe premises;
      (4)   Removal of trash, debris, fire hazardous material, or a public health hazard in and about the unsafe premises;
      (5)   Repair or rehabilitation of an unsafe building to bring it into compliance with standards for building condition or maintenance required for human habitation, occupancy, or use by a statute, a rule adopted under I.C. 4-22-2, or an ordinance;
      (6)   Demolition and removal of part of an unsafe building;
      (7)   Demolition and removal of an unsafe building if:
         (a)   The general condition of the building warrants removal; or
         (b)   The building continues to require reinspection and additional abatement action after an initial abatement action was taken pursuant to notice and an order; and
      (8)   Requiring, for an unsafe building that will be sealed for a period of more than 90 days:
         (a)   Sealing against intrusion by unauthorized persons and the effects of weather;
         (b)   Exterior improvements to make the building compatible in appearance with other buildings in the area; and
         (c)   Continuing maintenance and upkeep of the building and premises;
      In accordance with standards established by ordinance.
      Notice of the order must be given under this chapter. The ordered action must be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties. The order supersedes any permit relating to building or land use, whether that permit is obtained before or after the order is issued.
   (B)   The order must contain the following:
      (1)   The name of the person to whom the order is issued.
      (2)   The legal description or address of the unsafe premises that are the subject of the order.
      (3)   The action that the order requires.
      (4)   The period of time in which the action is required to be accomplished, measured from the time when the notice of the order is given.
      (5)   If a hearing is required, a statement indicating the exact time and place of the hearing, and stating that person to whom the order was issued is entitled to appear at the hearing with or without legal counsel, present evidence, cross-examine opposing witnesses, and present arguments.
      (6)   If a hearing is not required, a statement that an order under division (A)(2), (A)(3), (A)(4), or (A)(5) becomes final ten days after notice is given, unless a hearing is requested in writing by a person holding a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises, and the request is delivered to the enforcement authority before the end of the ten day period.
      (7)   A statement briefly indicating what action can be taken by the enforcement authority if the order is not complied with.
      (8)   A statement indicating the obligation created by this chapter relating to notification of subsequent interest holders and the enforcement authority.
      (9)   The name, address, and telephone number of the enforcement authority.
      (10)   A statement that the hearing authority may determine the property to be abandoned as provided in I.C. 36-7-37.
   (C)   The order must allow a sufficient time, of at least ten days, but not more than 60 days, from the time when notice of the order is given, to accomplish the required action. If the order allows more than 30 days to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within 30 days.
   (D)   The order expires two years from the day the notice of the order is given, unless one or more of the following events occurs within that two year period:
      (1)   A complaint requesting judicial review is filed under this chapter.
      (2)   A contract for action required by the order is let at public bid under this chapter.
      (3)   A civil action is filed under this chapter.
   (E)   If the order contains a statement under division (A)(6) or (A)(7), notice of the order shall be given to each person with a known or recorded substantial property interest.
(Ord. 2020-OR-016, passed - -20)
§ 156.04 HEARING AUTHORITY; THREE MEMBER BOARD.
   (A)   Pursuant to the Unsafe Building Law, this Council hereby establishes a three member Hearing Authority to act on any and all matters that may come before it as prescribed by local ordinance or Indiana law. The three member Board shall be made up of the following members:
      (1)   Town Manager;
      (2)   Town Council member (appointed by the Town Council); and
      (3)   A resident of the town (appointed by the Town Council).
   (B)   The Hearing Authority shall meet on at least a monthly basis and shall be responsible for following all local ordinances and Indiana laws when performing its duties, including but not limited to, Indiana open door laws. Should a conflict ever exist between a local ordinance and Indiana law, Indiana law shall prevail.
   (C)   The resident shall be compensated per meeting at the same rate as other town boards.
(Ord. 2020-OR-016, passed - -20) Penalty, see § 156.99
§ 156.05 FAILURE OR REFUSAL TO COMPLY WITH ORDER; CIVIL PENALTY.
   This section applies to an order issued under I.C. 36-7-9-5(a)(5) for which a hearing was not requested as provided in this chapter.
   (A)   If the person to whom the order was issued fails or refuses to comply with the order within 60 days or the time specified in the order, the enforcement authority may impose a civil penalty not to exceed $2,500. The enforcement authority shall give notice of the civil penalty to all persons with a known or recorded substantial property interest in the unsafe premises.
   (B)   After a civil penalty is imposed under division (A), the enforcement authority may impose an additional civil penalty in an amount not to exceed $1,000 every 90 days if the person to whom the order was issued continues to fail or refuse to comply with the order.
   (C)   If a civil penalty under this section is unpaid for more than 15 days after payment of the civil penalty is due, the civil penalty may be collected in the same manner as costs under section 13 or 13.5 of I.C. 36-7-9 et seq.
   (D)   The amount of the civil penalty that is collected shall be deposited in the Unsafe Building Fund.
(Ord. 2020-OR-016, passed - -20) Penalty, see § 156.99
§ 156.06 UNSAFE BUILDING FUND.
   Pursuant to I.C. 36-7-9-14, the Enforcement Authority shall establish in its operating budget a fund designated as the Unsafe Building Fund. Any balance remaining at the end of a fiscal year shall be carried over in the fund for the following year and does not revert to the General Fund. In addition, the list of the money to be deposited into the Unsafe Building Fund can be found at I.C. 36-7-9-14(b) and may be used as set forth at I.C. 36-7-9-14(c). All payments of money from the Unsafe Building Fund must be made in accordance with applicable law.
(Ord. 2020-OR-016, passed - -20)
§ 156.99 VIOLATIONS; PENALTIES.
   (A)   A person/entity who:
      (1)   Remains in, uses, or enters a building in violation of an order made under this chapter;
      (2)   Knowingly interferes with or delays the carrying out of an order made under this chapter;
      (3)   Knowingly obstructs, damages, or interferes with persons engaged or property used in performing any work or duty under this chapter; or
      (4)   Fails to comply with I.C. 36-7-9-27; commits a Class C infraction and shall be fined $100 per offense and per violation. Each day that a violation continues constitutes a separate offense.
   (B)   This section does not, in any way, limit the town or Enforcement Authority from any and all other remedies it may have against the person or entity who may be in violation of this chapter or Indiana law.
(Ord. 2020-OR-016, passed - -20)
TABLE OF SPECIAL ORDINANCES
   I.   ANNEXATIONS
   II.   DEDICATIONS
   III.   REAL ESTATE TRANSACTIONS
   IV.   ECONOMIC REVITALIZATION AREAS
   V.   VACATIONS
   VI.   FRANCHISE AGREEMENTS
   VII.   INTERLOCAL AGREEMENTS
   VIII.   ZONING CHANGES
   IX.   STREET NAMING
TABLE I: ANNEXATIONS
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
92-525
4-13-92
Amendment; annexation of a tract of land
92-527
4-27-92
Repealing Ord. 92-458; annexation of a tract of land
92-528
5-11-92
Annexation of a tract of land
93-556
4-12-93
Annexation of a tract of land
93-557
4-12-93
Annexation of a tract of land
93-558
4-12-93
Annexation of a tract of land
93-559
4-12-93
Annexation of a tract of land
93-560
4-12-93
Annexation of a tract of land
93-563
5-10-93
Annexation of a tract of land
93-565
5-10-93
Annexation of a tract of land
93-566
5-22-93
Rescinding Ords. 93-556, 93-557, 93-558, 93-559 and 93-560; the annexation of land
93-570
6-28-93
Annexation of a tract of land
93-571
6-28-93
Annexation of a tract of land
93-572
6-28-93
Annexation of a tract of land
93-573
6-28-93
Annexation of a tract of land
93-574
6-28-93
Annexation of a tract of land
98-692
7-27-98
Annexation of a tract of land
98-700
10-12-98
Annexation of a 7.60-acre tract of land
99-710
1- -99
Annexation of land
2002-017
1-14-02
Annexation of a tract of land
2012-006
4-23-12
Annexation of a tract of land
 
 
 
 
TABLE II: DEDICATIONS
 
Ord. No.
Date Passed
Description
485
10-8-90
Prather Lane, off North Indiana Avenue; Nunn Road South, off Highway 31 East; Miller West, continuation of Miller Avenue, connected by Church and Chewy; Walk Road, between All Hands and Utica; Novel Lane, near library, from Hauss to 31 East; Alabama, extended to Saint Joe Road; Allen Road, off Allentown Road; Sharps Lane, existing; Mosley Park Road, from Oak into park; Smith Lane, off Utica next to Masonic Lodge
2017-OR-032
12-18-17
Dedicating a certain roadway and easements being a part of Survey #89 of the Illinois Grant by The Ballew Gift Trust
 
 
 
 
TABLE III: REAL ESTATE TRANSACTIONS
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
Res. 1994-25
8- -94
Authorizing the closing on the sale of real property
Res. 1995-31
9-11-95
Authorizing the purchase of a tract of real property
Res. 2002-002
4-8-02
Authorizing the purchase of PNC Bank property
2003-015
9-8-03
Authorizing the lease/purchase of a tract of real property
Res. 2006-009
11-13-06
Authorizing the purchase of a tract of real property
Res. 2014-002
2-24-14
Donating land to the Oak Park Conservancy
Res. 2019-R-003
- -19
Approving the transfer of certain property from the city of Jeffersonville, Indiana Wastewater Department
Res. 2022-R-002
6-27-22
Authorizing the lease/purchase of a tract of real property
 
 
 
 
TABLE IV: ECONOMIC REVITALIZATION AREAS
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
Res. 95-28
2-28-95
Designation of economic revitalization area
Res. 97-44
10-27-97
Designation of economic revitalization area
Res. 98-46
4-13-98
Designation of economic revitalization area
Res. 1999-55
10-25-99
Designation of economic revitalization area
Res. 2001-002
4-9-01
Designation of economic revitalization area
Res. R-2008-007
12-29-08
Designation of economic development area
Res. R2010-003
9-17-10
Designation of economic development area
Res. 2015-R-004
11-9-15
Designation of economic development area
Res. 2016-R-001
1-25-16
Designation of economic development area
 
 
 
 
TABLE V: VACATIONS
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
3-16-92
Vacation of an alley
92-523
3-16-92
Vacation of an alley
92-544
11-10-92
Vacation of an alley
94-589
5-9-94
Vacation of an alley
94-590
5-9-94
Vacation of an alley
94-591
5-9-94
Vacation of a street
94-592
5-9-94
Vacation of a street
94-595
7-11-94
Vacation of an alley
99-712
3-8-99
Vacation of an alley
99-716
- -99
Vacation of part of Triangle Drive
99-717
8-28-99
Vacation of part of Saint Paul Street
2002-018
12-9-02
Vacation of an alley
2003-036
12-8-03
Vacation of an easement
2006-010
3-13-06
Vacation of an alley
2008-022
7-28-08
Vacation of public utility and drainage easements
2010-016
7-26-10
Vacation of portion of Kahl Court
2021-OR-023
8-9-21
Vacation of portions of two public ways located in Block B of the Fairview Addition
2021-OR-034
12-13-21
Vacation of an easement
2022-OR-023
9-12-22
Vacation of an alley
 
 
 
 
TABLE VI: FRANCHISE AGREEMENTS
 
Ord. No.
Date Passed
Description
Res. 1998-50
7-13-98
Approving the transfer of a cable television franchise
 
TABLE VII: INTERLOCAL AGREEMENTS
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
1993-10
6-28-93
Agreement for curbside recycling
Res. 98-47
5-11-98
Agreement for fire protection purposes
Res. 2001-003
5-14-01
Adopting curbside recycling fees
Res. 2001-006
6-4-01
Agreement for maintenance of a gas pump
Res. R-2008-006
12-8-08
Adopting the Clark County All Hazards Mitigation Plan
2013-008
9-9-13
Agreement for the creation of a Fiscal and Operations Board for the Clark County E911 System
2015-007
10-12-15
Authorizing and approving entry into the interlocal agreement for the joint use and operation of the Jefferson-Clark County Animal Shelter
2016-026
11-28-16
Authorizing and approving entry into the interlocal agreement for a planning study of the County Road 311 Corridor from County Line Road to County Road 403
2017-OR-025
9-25-17
Authorizing entry into an interlocal cooperation agreement for the administration of curbside recycling by the Clark County Solid Waste Management District
2018-OR-026
10-8-18
Authorizing entry into an interlocal cooperation agreement regarding economic development income tax funds
2018-OR-027
10-22-18
Authorizing entry and amendment to the previously adopted interlocal cooperation agreement for the administration of curbside recycling by the Clark County Solid Waste Management District
2018-OR-031
12-17-18
Affirming an amendment to the previously adopted interlocal cooperation agreement for the administration of curbside recycling by the Clark County Solid Waste Management District
2019-OR-006
2-25-19
Authorizing and approving the entry into an interlocal agreement for the joint use and operation of the Jeffersonville-Clark County Animal Shelter
2019-OR-007
2-25-19
Authorizing and ratifying the entry into an interlocal agreement for the purchase of salt from the Board of Commissioners of Clark County, Indiana
2022-OR-003
2-28-22
Authorizing and approving the entry into an interlocal agreement for a traffic signal installation
2022-OR-009
5-23-22
Authorizing and approving the entry into an interlocal agreement for the joint use and operation of the Jeffersonville-Clark County Animal Shelter
2022-OR-019
7-25-22
Authorizing and approving the entry into an interlocal agreement for public access to the Silver Creek Township Park
Res. 2022-R-003
9-26-22
Adopting the Clark County Multi-Hazard Mitigation Plan
 
 
 
 
TABLE VIII: ZONING CHANGES
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
97-669
6-23-97
Rezoning a tract of land from A to B-3
97-678
10-27-97
Rezoning a tract of land from A-1 to GC
97-685
12-22-97
Rezoning a tract of land from R-3 to B-3
98-687
1-12-98
Rezoning a tract of land from R-1 to R-3
98-688
2-9-98
Rezoning a tract of land from A to R-1
98-695
7-27-98
Rezoning a tract of land from R-1 to B-3
98-699
9-14-98
Rezoning a tract of land from R-1 to B-3
98-704
12-14-98
Rezoning a tract of land to R-1
98-706
12-28-98
Rezoning a tract of land from R-1 to R-2
99-724
9-20-99
Rezoning a tract of land from R-1 to R-3
99-727
10-25-99
Rezoning a tract of land from A and R-1 to B-3
2001-010
4-9-01
Rezoning a tract of land from R-1 to B-2
2003-001
1-13-03
Rezoning a tract of land from I-1 to B-3
2003-005
3-10-03
Rezoning a tract of land from A-1 to B-3
2003-023
10-13-03
Rezoning a tract of land from R-1 to B-3
2003-025
10-13-03
Rezoning a tract of land from R-1 to B-1
2003-029
12-8-03
Rezoning a tract of land from B-1 to B-3
2003-030
12-8-03
Rezoning a tract of land from B-1 to R-2
2003-031
12-8-03
Rezoning a tract of land from R-1 to R-3
2003-032
12-8-03
Rezoning a tract of land from I-1 to B-3
2003-033
12-8-03
Rezoning a tract of land from R-1 to B-1
2003-034
12-8-03
Rezoning a tract of land from B-3 to R-3
2003-037
12-29-03
Rezoning a tract of land from R-1 to B-2
2006-008
3-6-06
Rezoning a tract of land from B-1 to I-1
2007-013
6-11-07
Rezoning a tract of land from B-3 and R-1 to B-3
2007-017
7-23-07
Rezoning a tract of land from R-1 to B-2
2007-023
9-24-07
Rezoning a tract of land from R-1 to B-2
2007-027
10-22-07
Rezoning a tract of land from R-1 to B-2
2008-001
1-28-08
Rezoning certain real estate commonly known as 348 Highway 31 from R-1 to RPO
2008-018
6-25-08
Rezoning certain real estate located at 8007 State Road 311 from B-3 to R-4
2008-019
6-25-08
Rezoning certain real estate commonly known as 348 Highway 31 from IB-1 to R-3
2008-030
9-29-08
Rezoning certain real estate located at 8007 State Road 311 from B-3 to R-3
2008-031
9-29-08
Rezoning certain real estate located at 8009 State Road 311 from A to R-3
2008-032
9-29-08
Rezoning certain real estate located at 8011 State Road 311 from A to B-3
2008-033
9-29-08
Rezoning certain real estate located at 8009 State Road 311 from A to B-3
2008-034
9-29-08
Rezoning certain real estate located at 8011 State Road 311 from A to R-3
2008-035
9-29-08
Rezoning a tract of land from A to R-1
2010-005
2-22-10
Rezoning certain real estate located at 475 N. Indiana Ave. from R-1 to B-1
2011-001
1-10-11
Rezoning certain real estate located at 7815 Highway 311 from B-1 to B-3
2011-001
3-14-11
Rezoning certain real property located at 401, 405, 411, 413 and 417 Utica Street from B-2 to B-3
2012-002
2-27-12
Rezoning certain real property located at 223 Popp Avenue from R-1 to R-2
2012-003
2-27-12
Rezoning a portion of real property located at 8105 Highway 311 from R-3 to B-3
2012-010
7-23-12
Rezoning certain real property located at 333 Popp Avenue from R-1 to R-2
2015-015
12-28-15
Rezoning a certain tract of property located at 7615 Highway 31 East from A and R-1 to I-1
2016-015
8-22-16
Rezoning certain property located at 1800 Jefferson Boulevard from R-3 to GC
2016-024
12-22-16
Rezoning a certain tract of real property located behind Tractor Supply and Rite-Aid off HWY 60 from B-3 to R-3
2022-OR-002
2-14-22
Rezoning certain property located at 1128 Bean Road from B-3 to I-2
2022-OR-006
3-28-22
Rezoning certain property located at 305, 311, 315, and 317 S. Indiana Avenue from B-3 to M-2
2022-OR-012
6-27-22
Rezoning certain vacant land located off Hwy 311 from B-1 to M-2
2023-OR-007
3-27-23
Rezoning certain vacant land located at 703 W. Utica Street from R-1 to B-2
2023-OR-024
11-27-23
Rezoning certain property located at 703 W. Utica Street from R-1 to B-2
 
 
 
 
TABLE IX: STREET NAMING
 
Ord. No.
Date Passed
Description
Res. 1996-40
10-28-96
Naming a previously unnamed right-of-way Development Way
Res. 1998-51
8-10-98
Changing the name of Forrest Drive South to Lakeside Court
 
 
 
 
PARALLEL REFERENCES
References to Indiana Code
References to 1993 Code
References to Resolutions
References to Ordinances
REFERENCES TO INDIANA CODE
I.C. Cite
Code Section
I.C. Cite
Code Section
1-1-1-5
10.04
1-1-1-7
10.12
1-1-1-8
10.06
1-1-4-1
10.05
1-1-4-5
10.05
1-1-5-1
10.11
1-1-6-1
10.08
1-1-7-1
95.48
4-21.5-5
53.031, 53.061
4-22-2
156.03
5-2-5-7
36.23, 36.31
5-2-5-8
36.23, 36.31
5-3-1
35.35, 90.22
5-11-1-9.5(a)(2)
35.90
5-11-1-10
35.90
5-11-1-21
35.90
5-11-1-27
35.90
5-11-1-27(e)
35.90
5-13
53.099
5-14-1.5-1 et seq.
30.05, 31.11
5-22
35.38 , 35.111
6-1.1-24
156.02
6-3.6-9-17(h)
35.29
7.1-1-3-5
70.10
7.1-1-3-13
70.10
7.1-3-9-3 et seq.
110.55
8-1.5-3-8
52.27, 52.28
8-1.5-3-9.1
50.10
8-1.5-3-11
35.03
8-14-1-1 et seq.
35.08
8-14-2-3
35.111
8-14-2-21 et seq.
35.07
8-16-3-1
35.02
8-22-2
35.29
8-22-3-1
35.29
8-22-3-25b
35.02
8-23-5
35.29
8-23-30
35.29
9-13-2-1
90.02
9-13-2-1 - 9-13-2-200
70.01
9-13-2-105
70.10
9-13-2-150
70.10
9-17
90.23
9-17-2-12(c)
36.32
9-18-12
90.03
9-18-22-1
72.07
9-19-1 - 9-19-19
71.10
9-20-1-1
71.20
9-21-1-1 et seq.
71.01 - 71.09, 71.20 - 71.25
9-21-1-3.3
75.02
9-21-5-1 - 9-21-5-13
71.01 - 71.09, 71.20 - 71.25
9-21-8-19
71.07
9-21-16-1 - 9- 21-16-9
72.01 - 72.04
9-22-1-13(b)
90.05
9-22-1-24
90.24
9-22-1-30
90.27
9-22-1-32
90.29
9-29-4
90.23
9-29-7
90.23
13-17-9-1
95.30
13-21-3-1 et seq.
51.01 - 51.11, 51.25 - 51.33
14-28-1
152.44
14-28-1-26
152.44
14-32
Ch. 55, App. A
14-32-5-1 et seq.
35.02
14-34
55.055, 55.070
16-23-1-40
35.02
22-9-1-4 et seq.
91.02
22-9.5-1 et seq.
91.01
22-9.5-1-2
91.02
22-9.5-2-2
91.02
22-9.5-2-3
91.02
22-9.5-2-4
91.02
22-9.5-2-8
91.02
22-9.5-2-9
91.02
22-9.5-2-11
91.02
22-9.5-2-13
91.02
22-9.5-3
91.03
22-9.5-3 et seq.
91.08
22-9.5-4-8
91.09
22-9.5-5
91.02
22-9.5-5-1
91.03
22-9.5-6
91.02, 91.09
22-11-1
150.001
22-13-2-7
150.064
22-15-3
150.020
22-15-3-7
150.020
22-15-4
150.065
25-28.5-1-7
150.038
25-43-5-5
50.05, 52.26
33-35-1
Ch. 37
34-4-16.5-2(1)
150.080
34-4-32-1 - 34- 4-32-6
72.10
35-44-2-4
34.031
35-45-3-2
130.01
35-46-3-6
93.03
35-46-3-7
93.03
35-46-3-12
93.03
35-47-2-7
130.03
36-1-3-1 - 36-1- 3-9
30.06
36-1-3-8(a)(5)
110.01
36-1-3-8(a)(10)
10.99
36-1-3-11
130.061
36-1-5-1 et seq.
10.01 - 10.16, 10.99
36-1-6-2
91.24
36-1-7-1 - 36-1-7-15
31.07
36-1-8-2
35.12
36-1-8-5.1
35.29
36-1-8-5.1(g)
35.29
36-1-12 et. seq.
35.17, 35.112
36-3-10-4.1 et seq.
33.021
36-4-6-14
30.25
36-5-2-4.1
30.02
36-5-2-5(b)(2)
30.01
36-5-2-8
30.17
36-5-2-9
30.06
36-5-2-9.8
30.17
36-5-2-10
10.01 - 10.16, 10.99, 30.24
36-5-2-11(d)
31.06
36-5-6-2
32.16
36-5-6-3
32.15
36-5-6-4
32.15
36-5-6-6
32.16
36-5-6-6(b)(8)
Ch. 110
36-5-6-7
32.18
36-7-2
150.001
36-7-4
152.01
36-7-9 et seq.
156.01
36-7-9 et seq. secs. 13 or 13.5
156.05
36-7-9-1 et seq.
150.006
36-7-9-3
156.01
36-7-9-5(a)(5)
156.05
36-7-9-14
156.06
36-7-9-14(b)
156.06
36-7-9-14(c)
156.06
36-7-9-27
156.99
36-7-10
150.001
36-7-14 et seq.
33.012
36-7-14-3
33.010, 33.011
36-7-14-6.1
33.011
36-7-14-7
33.011
36-7-14-8
33.011
36-7-23
35.02
36-7-37
156.03
36-8-2-2
36.10
36-8-2-3
36.40
36-8-3-4
36.07
36-8-3-4.1
36.07
36-8-3-6
36.10
36-8-3.5-12
36.07
36-8-4-4
36.15
36-8-9-1 - 36-8-9-6
36.03
36-8-9-3.1
36.03
36-8-9-3.1(f)
36.05
36-8-9-4(a), (b), or (d)
36.07
36-8-14
35.02
36-9-2-14
Ch. 50
36-9-2-15
Ch. 50
36-9-2-16 - 36-9-2-17
Ch. 50
36-9-4-486
35.02
36-9-15.5
35.02
36-9-15.5-8
35.02
36-9-16-3
35.02
36-9-16.5
35.02
36-9-17
35.02
36-9-23-1
Ch. 50
36-9-23-25
53.114
36-9-23-36
Ch. 50
36-9-26
35.02
36-9-27-99
35.02
36-10-3-1 et seq.
92.02
36-10-3-4(b)
33.021
36-10-3-4.1
33.024
36-10-3-21b
35.02
36-10-4-36b
35.02
Ch. 44
150.056
 
 
 
REFERENCES TO 1993 CODE
1993 Code Section
2001 Code Section
1993 Code Section
2001 Code Section
1-10
11.01
2-1
32.15
2-2
32.16
2-3
32.17
2-4
32.18
2-17
32.30
2-18
32.31
2-19
32.31
2-20
32.32
2-24
32.33
2-42
36.01, 36.02
2-43
36.03
2-48
36.10
2-55
36.13
2-56
36.14
2-70
33.040
2-71
33.041
2-72
33.042
2-75
33.050
2-76
33.051
2-77
33.052
2-80
33.060
2-81
33.061
2-82
33.062
2-115
35.01
2-116
35.02
2-118
35.03
2-119
36.15
2-120
35.04
2-121
35.06
2-122
35.07
2-123
35.08
2-124
35.09
2-125
35.14
2-127
36.21
2-128
36.22
2-130
31.03
2-131
31.04
2-132
31.05
2-133
31.06, 31.07
3-1
30.01
3-2
30.02
3-3
30.03
3-4
30.04
3-8
30.24
3-9
30.05
3-11
30.06
3-13
30.07
3-14
30.08
3-15
30.25
4-1
110.01
4-2
110.02
4-3
110.03
4-4
110.04
4-5
110.05
4-30
36.23
4-31
36.23
4-32
36.23
4-38
36.31
4-39
36.31
4-40
36.31
4-41
36.31
4-42
36.31
4-48
36.32
4-50
36.32
4-60
110.55
4-64
35.34
5-1
92.01
5-2
92.02
5-6
92.03
6-1
130.07
6-2
130.07
6-3
130.07
6-4
130.07
6-5
36.40
6-6
130.07
6-7
130.07
6-8
130.07
6-12
95.30
6-14
31.02
6-20
91.20
6-21
91.21
6-22
91.22, 91.24
6-23
91.23
6-45
95.01
6-46
95.02
6-47
95.03
6-48
95.03 - 95.12
6-49
95.12
6-54
95.15
6-55
95.16
6-56
95.17
6-57
95.15
6-80
93.16
6-81
93.16
6-82
93.16
6-94
51.01, 51.04
6-95
51.02
6-96
51.03
6-98
51.05
6-99
51.06
6-100
51.07
6-101
51.08
6-103
51.07
6-104
51.09
6-105
51.09
6-106
51.10
6-108
130.01
6-109
130.02
6-110
130.03
6-111
130.03
6-112
130.04
6-113
130.05
6-114
130.06
6-120
91.01
6-121
91.02
6-122
91.03
6-123
91.04
6-124
91.05
6-125
91.06
6-126
91.07
6-127
91.07
6-128
91.08
6-129
91.09
6-140
51.25
6-141
51.26
6-142
51.27
6-143
51.28
6-144
51.29
6-145
51.30
6-146
51.31
6-147
51.32
6-148
51.33
7-46
151.01
7-47
151.02
7-55
53.075
7-56
53.076
7-57
53.077
7-58
53.078
7-59
53.079
7-60
53.080
7-61
53.081
7-65
94.01
7-66
94.02
7-68
94.04
7-69
94.05
7-70
94.06
7-71
94.07
7-72
94.02
8-1
70.01
8-2
70.01
8-7
72.01
8-8
72.02
8-9
Ch. 74, Schd. I
8-10
72.03
8-11
Ch. 74, Schd. I
8-20
Ch. 74, Schd. II
8-24
72.04
8-25
72.04
8-31
Ch. 73, Schd. I
8-32
Ch. 73, Schd. I
8-40
71.20
8-41
71.21
8-42
Ch. 73, Schd. II
8-44
Ch. 73, Schd. II
8-45
Ch. 73, Schd. II
8-46
71.21
8-47
71.21
8-48
71.22
8-49
71.23
8-50
71.24
8-51
71.25
8-52
Ch. 73, Schd. II
8-58
71.01
8-59
71.08
8-60
71.02
8-61
71.03
8-62
71.03
8-63
71.03
8-64
71.04
8-65
71.05
8-66
71.06
8-67
71.07
8-74
70.99
8-76
70.99
8-100
Ch. 73, Schd. III
9-1
50.01
9-2
50.02
9-3
50.03
9-10
52.15
9-11
52.16
9-12
52.17
9-13
52.18
9-14
52.19
9-15
52.20
9-16
52.21
9-17
52.22
9-19
52.23
9-22
52.25
9-23
52.26
9-24
52.27
9-25
52.28
9-30
50.05
9-45
53.045
9-46
53.046
9-47
53.047
9-48
53.048
9-49
53.049
9-50
53.050
9-51
53.051
9-52
53.052
9-53
53.053
9-54
53.054
9-55
53.055
9-56
53.056
9-57
53.057
9-58
53.058
9-59
53.059
9-60
53.060
9-63
53.061
9-70
53.110
9-71
53.111
9-72
53.112
9-73
53.113
9-90
53.001
9-91
53.002
9-92
53.003
9-93
53.004
9-100
50.04
9-110
53.015
9-111
53.016
9-112
53.017
9-113
53.018
9-114
53.019
9-115
53.020
9-116
53.021
9-117
53.022
9-118
53.023
9-119
53.024
9-120
53.025
9-121
53.026
9-122
53.027
9-123
53.028
9-124
53.029
9-125
53.030
9-127
53.031
9-128
53.032
9-129
53.033
9-130
53.095
9-131
53.096
9-132
53.097
9-133
53.098
9-134
53.099
9-138
54.001
9-139
54.002
9-140
54.003
9-141
54.004
9-145
54.005
9-146
54.006
9-147
54.007
9-148
54.008
9-149
54.009
9-154
54.020
9-155
54.021
9-156
54.022
9-157
54.023
9-160
54.035
9-161
54.036
9-162
54.037
9-163
54.038
9-164
54.039
9-165
54.040
9-166
54.041
9-170
54.042
9-171
54.043
9-172
54.044
9-173
54.045
9-174
54.046
9-175
54.047
9-176
54.048
9-177
54.049
9-180
54.060
9-181
54.061
9-182
54.062
9-183
54.063
9-184
54.064
9-185
54.065
9-186
54.066
9-187
54.067
9-188
54.068
9-189
54.069
9-190
54.070
9-191
54.071
9-192
54.072
9-198
54.073
9-199
54.074
9-202
54.075
9-204
54.076
9-206
54.090
9-207
54.091
9-208
54.092
9-209
54.093
9-210
54.094
9-211
54.095
9-212
54.096
9-213
54.097
9-216
54.098
9-217
54.099
9-218
54.100
9-222
54.101
9-223
54.102
9-224
54.103
9-228
54.115
9-229
54.116
10-225
155.01
 
 
 
REFERENCES TO RESOLUTIONS
Res. No.
Date Passed
Code Section
Res. No.
Date Passed
Code Section
84-R-58
2-22-84
31.03
85-R-62
7-8-85
36.13
93
10-24-88
31.04
1993-11
7-12-93
155.01
1994-21
1-24-94
31.01
1994-25
8- -94
T.S.O. III
95-28
2-28-95
T.S.O. IV
1995-31
9-11-95
T.S.O. III
1996-35
2-12-96
32.18
1996-36
4-8-96
36.15
1996-40
10-28-96
T.S.O. IX
97-44
10-27-97
T.S.O. IV
98-46
4-13-98
T.S.O. IV
98-47
5-11-98
T.S.O. VII
1998-50
7-13-98
T.S.O. VI
1998-51
8-10-98
T.S.O. IX
99-01
1-5-99
51.25 - 51.33
1999-55
10-25-99
T.S.O. IV
2001-002
4-9-01
T.S.O. IV
2001-003
5-14-01
T.S.O. VII
2001-005
6-4-01
50.08
2001-006
6-4-01
T.S.O. VII
2002-002
4-8-02
T.S.O. III
R-2005-008
5-9-05
T.S.O. IV
R-2005-009
7-11-05
T.S.O. IV
R-2005-010
8-8-05
T.S.O. IV
R-2006-009
11-13-06
T.S.O. III
R-2008-006
12-08-08
T.S.O. VII
R-2008-007
12-29-08
T.S.O. IV
R-2009-003
5-11-09
31.08
R-2010-003
9-27-10
T.S.O. IV
R-2014-002
2-24-14
T.S.O. III
2015-R-004
11-9-15
T.S.O. IV
2016-R-001
1-25-16
T.S.O. IV
2016-R-12
8-22-16
30.21
2019-R-003
- -19
T.S.O. III
2020-R-004
5-26-20
35.110 - 35.112
2022-R-002
6-27-22
T.S.O. III
2022-R-003
9-26-22
T.S.O. VII
 
 
 
 
REFERENCES TO ORDINANCES
 
Ord. No.
Date Passed
Code Section
Ord. No.
Date Passed
Code Section
22
- -
130.03
108
12-31-46
72.04
223
5-24-62
130.03
234
1-12-65
72.04
241
4-12-66
Ch. 74, Schd. I
252
12-26-67
53.004
258-A
- -68
53.004
256
5-14-68
36.01
256
7-1-68
36.15
316
8-28-79
95.01 - 95.12
327
4-28-80
130.02
345
7-13-81
35.04, 36.23
358
3-22-82
35.06
368
3-15-83
Ch. 73, Schd. II
373
3-28-83
91.20 - 91.24
385
1-5-84
36.03
386
2-22-84
36.32
387
4-26-84
36.32
388
5-24-84
35.03
395
9-24-84
130.06
419
8-12-85
36.14
412
11-25-85
36.15
422
4-14-86
53.111
431
10-27-86
130.02
434
12-22-86
30.02
435
1-12-87
95.15 - 95.17
446
2-8-88
30.01
449
4-11-88
31.05
453
4-25-88
51.07, 51.08
457
6-29-88
94.01 - 94.07
459-A
12-12-88
53.110
461
1-9-89
31.06
462
1-23-89
Ch. 73, Schd. II
474A
3-27-89
151.01, 151.02
473
11-13-89
53.113
484
10-8-90
31.02
485
10-8-90
T.S.O. II
488
12-10-90
53.015 - 53.033, 53.045 - 53.061
501
12-11-90
Ch. 74, Schd. II
26-91
1-31-91
Ch. 74, Schd. I
499-A
4-22-91
130.04
502
4-22-91
130.01
504
6-24-91
Ch. 73, Schd. I
505
7-22-91
50.05
506
7-22-91
130.05
511
10-28-91
52.15 - 52.22, 52.25 - 52.28
512
10-28-91
35.02
513
11-11-91
36.31
516A
12-23-91
51.03 - 51.07
92-519
2-24-92
51.01, 51.02
--
3-16-92
T.S.O. V
92-523
3-16-92
T.S.O. V
92-520
3-23-92
32.30 - 32.33
92-525
4-13-92
T.S.O. I
92-526
4-27-92
53.075 - 53.081, 53.112
92-527
4-27-92
T.S.O. I
92-528
5-11-92
T.S.O. I
92-530
5-26-92
93.16
92-531
6-8-92
36.23, 36.32
92-544
11-10-92
T.S.O. V
92-546
12-14-92
30.02
93-549
1-11-93
91.01 - 91.09
93-554
2-22-93
50.04
93-556
4-12-93
T.S.O. I
93-557
4-12-93
T.S.O. I
93-558
4-12-93
T.S.O. I
93-559
4-12-93
T.S.O. I
93-560
4-12-93
T.S.O. I
93-563
5-10-93
T.S.O. I
93-565
5-10-93
T.S.O. I
93-566
5-22-93
T.S.O. I
93-570
6-28-93
T.S.O. I
93-571
6-28-93
T.S.O. I
93-572
6-28-93
T.S.O. I
93-573
6-28-93
T.S.O. I
93-574
6-28-93
T.S.O. I
1993-10
6-28-93
51.25 - 51.33, T.S.O. VII
93-13
10-25-93
36.21
93-580
10-25-93
36.22
94-586
- -94
51.10
94-602
- -94
130.03
94-589
5-9-94
T.S.O. V
94-590
5-9-94
T.S.O. V
94-591
5-9-94
T.S.O. V
94-592
5-9-94
T.S.O. V
94-595
7-11-94
T.S.O. V
94-597
8-8-94
Ch. 73, Schd. II
94-598
8-8-94
Ch. 73, Schd. III
1994-601
9-26-94
54.001 - 54.009, 54.020 - 54.023, 54.035 - 54.049, 54.060 - 54.076, 54.090 - 54.103, 54.115, 54.116
95-627
- -95
53.095 - 53.099
95-617
4-24-95
35.02
95-619
4-24-95
51.09
95-620
4-24-95
31.02, 130.06
95-626
7-10-95
95.30
95-630
8-28-95
51.09
95-633
9-11-95
33.021, 36.02
96-640
3-11-96
150.001 - 150.006, 150.021 - 150.024, 150.035, 150.036, 150.038, 150.051 - 150.063, 150.075 - 150.084
96-644
6-10-96
150.001 - 150.006, 150.021 - 150.024, 150.035, 150.036, 150.038, 150.051 - 150.063, 150.075 - 150.084
97-664
6-9-97
53.114
97-669
6-23-97
T.S.O. VIII
97-672
7-20-97
71.09
97-673
7-20-97
71.09
97-674
8-11-97
Ch. 73, Schd. I
97-678
10-27-97
T.S.O. VIII
97-685
12-22-97
T.S.O. VIII
98-687
1-12-98
T.S.O. VIII
98-688
2-9-98
T.S.O. VIII
98-690
5-1-98
51.04
98-692
7-27-98
T.S.O. I
98-695
7-27-98
T.S.O. VIII
98-699
9-14-98
T.S.O. VIII
98-700
10-12-98
T.S.O. I
98-703
11-23-98
35.01
98-704
12-14-98
T.S.O. VIII
98-706
12-28-98
T.S.O. VIII
99-
- -99
Ch. 73, Schd. III
99-716
- -99
T.S.O. V
99-719
- -99
51.03
99-710
1- -99
T.S.O. I
99-712
3-8-99
T.S.O. V
99-714
4-12-99
150.001 - 150.006, 150.021 - 150.024, 150.035, 150.036, 150.038, 150.051 - 150.063, 150.075 - 150.084
99-715
4-12-99
93.01, 93.02, 93.04 - 93.20, 93.99
99-718
6- -99
51.09
99-725
8-23-99
Ch. 73, Schd. I
99-717
8-28-99
T.S.O. V
99-724
9-20-99
T.S.O. VIII
99-726
9-27-99
130.06
99-727
10-25-99
T.S.O. VIII
99-729
10-25-99
90.02, 90.03, 90.11 - 90.14
2000-2
1-10-00
35.04
2000-006
5-8-00
51.09
2000-7
6-26-00
Ch. 73, Schd. III
2000-008
6-26-00
Ch. 73, Schd. III
2000-011
7-10-00
35.11
2000-012
9-11-00
Ch. 73, Schd. I
2000-013
9-11-00
Ch. 74, Schd. I
2000-18
10-9-00
Ch. 74, Schd. I
2000-19
10-9-00
51.11
2000-021
11-13-00
36.15
2000-022
11-13-00
Ch. 74, Schd. I
2000-023
12-11-00
33.001
2000-024
12-11-00
36.15
2000-026
12-11-00
30.05
2001-001
2-12-01
53.018, 53.019
2001-002
3-12-01
35.02
2001-004
3-12-01
50.06
2001-005
3-12-01
36.12
2001-006
3-12-01
93.03
2001-008
4-9-01
Ch. 74, Schd. I
2001-010
4-9-01
T.S.O. VIII
2001-013
4-9-01
95.13
2001-015
4-9-01
110.15 - 110.19, 110.30 - 110.36, 110.40 - 110.48, 110.99
2001-016
5-14-01
50.06
2001-017
6-4-01
53.114
2001-019
7-9-01
53.114
2001-020
7-9-01
50.07
2001-023
10-8-01
Adopting Ordinance
2001-025
12-10-01
50.06
2001-027
12-10-01
36.15
2001-030
12-10-01
35.35 - 35.37
2001-031
12-10-01
35.46
2001-032
12-10-01
35.45
2001-033
12-10-01
35.38
2001-034
12-10-01
35.39 - 35.44
2002-001
1-14-02
T.S.O. I
2002-002
2-11-02
Adopting Ordinance
2002-006
3-11-02
35.12
2002-007
5-13-02
51.02
2002-008
6-10-02
36.15
2002-009
5-13-02
Ch. 73, Schd. III
2002-010
6-10-02
Ch. 74, Schd. I
2002-013
10-14-02
35.13
2002-016
11-8-02
30.02
2002-017
11-11-02
94.01 - 94.09, 94.99
2002-018
12-9-02
T.S.O. V
2003-001
1-13-03
T.S.O. VIII
2003-002
2-10-03
Adopting Ordinance
2003-003
2-10-03
36.33
2003-005
3-10-03
T.S.O. VIII
2003-008
5-12-03
36.33
2003-009
6-2-03
Ch. 73, Schd. IV
2003-010
5-12-03
36.34
2003-015
9-8-03
T.S.O. III
2003-018
9-8-03
52.23, 52.25, 52.26
2003-021
10-13-03
50.07
2003-023
10-13-03
T.S.O. VIII
2003-025
10-13-03
T.S.O. VIII
2003-029
12-8-03
T.S.O. VIII
2003-030
12-8-03
T.S.O. VIII
2003-031
12-8-03
T.S.O. VIII
2003-032
12-8-03
T.S.O. VIII
2003-033
12-8-03
T.S.O. VIII
2003-034
12-8-03
T.S.O. VIII
2003-036
12-8-03
T.S.O. V
2003-037
12-29-03
T.S.O. VIII
2004-005
2-9-04
35.04
2004-008
5-3-04
53.114
2004-009
2-9-04
70.99
2004-011
2-16-04
33.080 - 33.082
2004-020
9-13-04
36.07
2004-021
9-13-04
52.40, 52.41
2005-002
1-10-05
70.10 - 70.14, 70.99, 72.03, 72.05 - 72.11, 72.99, Ch. 73, Schd. I, III
2005-007
3-14-05
130.03
2005-008
3-14-05
36.23
2005-009
3-14-05
T.S.O. VIII
2005-011
4-11-05
50.09
2005-013
4-11-05
T.S.O. V
2005-014
5-9-05
35.60 - 35.69
2005-018
7-27-05
T.S.O. VIII
2005-022
9-12-05
95.15
2005-023
9-12-05
95.12
2005-032
12-19-05
33.100 - 33.102
2005-033
12-19-05
33.102, 33.103
2005-036
12-19-05
94.22, 94.99
2005-037
12-19-05
93.04, 93.16, 93.17, 93.19, 93.99
2006-006
2-13-06
Ch. 73, Schds. I, III
2006-007
2-20-06
Adopting Ordinance
2006-008
3-6-06
T.S.O. VIII
2006-010
3-13-06
T.S.O. V
2006-017
5-22-06
35.12
2006-018
6-12-06
35.11
2006-019
7-10-06
35.17
2006-021
9-11-06
95.45 - 95.51, 95.99
2006-022
10-9-06
53.018, 53.019
2006-023
9-25-06
70.02
2006-027
10-23-06
30.02
2007-004
2-12-07
35.10
2007-008
2-26-07
71.10
2007-009
2-26-07
36.23
2007-011
6-11-07
35.80
2007-012
6-11-07
35.11
2007-013
6-11-07
T.S.O. VIII
2007-014
6-11-07
Ch. 74, Schd. I
2007-017
7-23-07
T.S.O. VIII
2007-023
9-24-07
T.S.O. VIII
2007-025
9-24-07
35.19 - 35.21
2007-026
10-8-07
53.018, 53.019
2007-027
10-22-07
T.S.O. VIII
2007-028
11-12-07
35.22
2008-001
1-28-08
T.S.O. VIII
2008-002
1-28-08
36.24
2008-007
3-10-08
36.03 - 36.06
2008-010
4-14-08
36.25
2008-013
5-12-08
Ch. 73, Schd. III
2008-015
6-9-08
36.20
2008-018
6-25-08
T.S.O. VIII
2008-019
6-25-08
T.S.O. VIII
2008-022
7-28-08
T.S.O. V
2008-024
8-11-08
35.23
2008-025
10-13-08
50.10
2008-028
10-27-08
95.06, 95.99, Chapter 95, Apps. A and B
2008-030
9-29-08
T.S.O. VIII
2008-031
9-29-08
T.S.O. VIII
2008-032
9-29-08
T.S.O. VIII
2008-033
9-29-08
T.S.O. VIII
2008-034
9-29-08
T.S.O. VIII
2008-035
9-29-08
T.S.O. VIII
2008-037
10-27-08
33.010 - 33.012
2008-040
11-24-08
36.33
2009-001
2-23-09
52.24, 53.115
2009-002
1-12-09
90.01 - 90.29
2009-005
3-23-09
Adopting Ordinance
2009-007
3-23-09
95.06
2009-010
4-27-09
150.021
2009-012
6-8-09
51.04
2009-014
6-8-09
52.24
2009-015
6-8-09
35.25
2009-023
12-28-09
30.03, 30.05, 30.15 - 30.23
2010-001
1-11-10
35.12, Ch. 37
2010-002
2-8-10
Adopting Ordinance
2010-012
6-4-10
72.05
2010-014
7-26-10
95.99
2010-016
7-26-10
T.S.O. V
2010-017
9-27-10
32.25
2010-018
9-9-10
50.04
2010-023
12-27-10
31.09
2010-025
2-22-10
T.S.O. VIII
2011-001
1-10-11
T.S.O. VIII
2011-003
2-14-11
111.01 - 111.06
2011-005
2-14-11
Adopting Ordinance
2011-006
2-14-11
35.26
2011-009
3-14-11
T.S.O. VIII
2011-011
4-11-11
50.11
2011-012
4-25-11
36.35
2011-016
7-11-11
50.05, 52.26
2011-019
9-12-11
35.27
2012-001
2-27-12
Adopting Ordinance
2012-002
2-27-12
T.S.O. VIII
2012-003
2-27-12
T.S.O. VIII
2012-004
3-26-12
150.001 - 150.003, 150.006, 150.020 - 150.024, 150.035 - 150.038, 150.050 - 150.065, 150.075 - 150.084, 150.999
2012-006
4-23-12
T.S.O. I
2012-010
7-23-12
T.S.O. VIII
2013-003
2-25-13
Adopting Ordinance
2013-005
6-24-13
95.17
2013-008
9-9-13
T.S.O. VII
2013-014
11-11-13
52.16 - 52.19, 52.21 - 52.23, 52.25
2013-016
12-16-13
30.02
2014-001
2-10-14
95.16
2014-002
2-10-14
95.99
2014-004
3-10-14
Adopting Ordinance
2014-007
4-16-14
152.01 - 152.13, 152.25 - 152.27, 152.40 - 152.47, 152.60 - 152.66, 152.99
2014-010
5-12-14
93.30 - 93.33
2014-012
7-14-14
Ch. 73, Sch. III
2014-013
7-14-14
53.114
2015-002
4-27-15
35.16
2015-004
6-8-15
Adopting Ordinance
2015-006
9-14-15
95.03
2015-007
10-12-15
TSO VII
2015-015
12-28-15
TSO VIII
2016-003
3-14-16
35.69
2016-009
5-23-16
35.28
2016-010
6-27-16
35.18
2016-011
6-27-16
35.29
2016-012
6-27-16
96.01
2016-014
7-25-16
35.90
2016-015
8-22-16
TSO VIII
2016-20
10-10-16
35.80
2016-024
12-22-16
TSO VIII
2016-026
11-28-16
TSO VII
2017-OR-002
1-30-17
51.11
2017-OR-006
2-27-17
94.20, 94.21
2017-OR-008
4-24-17
93.01, 93.02, 93.21
2017-OR-010
3-27-17
33.020 - 33.025
2017-OR-012
4-24-17
35.100
2017-OR-013
4-24-17
Adopting Ordinance
2017-OR-019
6-26-17
35.38
2017-OR-020
6-26-17
30.15, 30.16
2017-OR-025
9-25-17
TSO VII
2017-OR-032
12-18-17
TSO II
2018-OR-012
6-11-18
50.12
2018-OR-015
7-11-18
Ch. 73, Sch. I
2018-OR-016
8-13-18
Ch. 73, Sch. I
2018-OR-019
9-10-18
Ch. 73, Sch. III
2018-OR-026
10-8-18
TSO VII
2018-OR-027
10-22-18
TSO VII
2018-OR-029
11-26-18
31.10
2018-OR-031
12-17-18
TSO VII
2018-OR-034
12-17-18
51.02, 51.04
2019-OR-006
2-25-19
TSO VII
2019-OR-007
2-25-19
TSO VII
2019-OR-009
4-8-19
52.21 - 52.23
2019-OR-010
4-8-19
Adopting Ordinance
2019-OR-014
6-24-19
35.15
2019-OR-022
8-12-19
94.01
2019-OR-034
11-25-19
94.35
2020-OR-001
1-27-20
Ch. 73, Sch. III
2020-OR-007
4-27-20
35.38
2020-OR-009
6-8-20
52.02
2020-OR-011
7-13-20
Ch. 73, Sch. III
2020-OR-012
7-13-20
52.21
2020-OR-016
- -20
156.01 - 156.06, 156.99
2020-OR-017
8-10-20
Ch. 73, Sch. I
2020-OR-030
11-9-20
51.02
2020-OR-031
11-9-20
Ch. 73, Sch. II
2020-OR-033
11-23-20
52.50
2020-OR-035
12-14-20
35.24
2021-OR-002
1-11-21
153.01, 154.01
2021-OR-003
1-11-21
55.001 - 55.009, 55.025 - 55.031, 55.040 - 55.044, 55.055 - 55.058, 55.070 - 55.073, 55.080 - 55.084, 55.095 - 55.098, Ch. 55, App. A
2021-OR-005
2-22-21
53.023
2021-OR-006
2-22-21
52.19
2021-OR-008
3-22-21
Ch. 73, Sch. III
2021-OR-010
4-26-21
52.01
2021-OR-012
5-10-21
95.45 - 95.50
021-OR-015
5-24-21
150.021
2021-OR-016
6-14-21
35.30
2021-OR-019
7-12-21
Adopting Ordinance
2021-OR-021
8-9-21
35.30
2021-OR-022
8-9-21
53.115
2021-OR-023
8-9-21
TSO V
2021-OR-025
9-13-21
75.01 - 75.06
2021-OR-026
9-13-21
Ch. 73, Sch. I
2021-OR-028
10-25-21
Ch. 73, Sch. III
2021-OR-029
10-11-21
35.31
2021-OR-031
11-22-21
34.001 - 34.003, 34.020 - 34.035, 34.050 - 34.067, 34.080 - 34.089, 34.100 - 34.119
2021-OR-034
12-13-21
TSO V
2022-OR-001
2-1-22
31.11
2022-OR-002
2-14-22
T.S.O. VIII
2022-OR-003
2-28-22
T.S.O. VII
2022-OR-005
3-14-22
Ch. 74, Sch. I
2022-OR-006
3-28-22
T.S.O. VIII
2022-OR-008
4-25-22
Ch. 73, Sch. I
2022-OR-009
5-23-22
T.S.O. VII
2022-OR-010
5-23-22
94.01
2022-OR-011
6-27-22
35.38
2022-OR-012
6-27-22
T.S.O. VIII
2022-OR-013
6-27-22
50.13
2022-OR-014
6-27-22
50.12
2022-OR-017
7-11-22
Ch. 73, Sch. III
2022-OR-018
7-25-22
Adopting Ordinance
2022-OR-019
7-25-22
T.S.O. VII
2022-OR-023
9-12-22
T.S.O. V
2022-OR-025
10-17-22
30.02
2022-OR-027
11-28-22
36.15
2023-OR-001
2-13-23
Ch. 73, Sch. III
2023-OR-004
2-13-23
33.115
2023-OR-005
2-27-23
110.15 - 110.29
2023-OR-007
3-27-23
TSO VIII
2023-OR-009
5-8-23
Ch. 73, Sch. III
2023-OR-012
5-22-23
52.15, 53.022
2023-OR-013
5-22-23
Adopting Ordinance
2023-OR-014
6-26-23
130.061
2023-OR-016
8-14-23
Ch. 73, Sch. III
2023-OR-17
8-14-23
150.095 - 150.101
2023-OR-020
9-25-23
51.01
2023-OR-022
10-16-23
Ch. 74, Sch. I
2023-OR-024
11-27-23
TSO VIII